RADHEY SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RADHEY Singh aged 36 a Naik in the Indian Army, posted at Ambala Cantt. has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and also required to pay a fine of Rs. 500/- and in default of payment of fine to undergo R.I. for a further period of one year. He was also convicted under Section 498-A of the Indian Penal Code and sentenced to R.I. for a period of. three years. It was ordered that the sentences shall run concurrently. Aggrieved against it the present appeal has been preferred.

(2.) BRIEFLY , the story of the prosecution is that Radhey Singh originally belongs to village Salimpur, District Etawah (U.P.). The accused lost his first wife leaving behind three children and he became a widower. About 6 or 7 years prior to the occurrence Krishna Devi was married to Radhey Singh. One son was born from the second marriage which was about two years old at the time of this occurrence. At about 8.00 a.m. on 29.1.1992 Radhey Singh allegedly sprinkled kerosene on his wife Krishna Devi and she received extensive burns and on hearing her cries Parvati and her husband arrived from the neighbourhood in village Jandli where this couple was living. Thereafter, Krishna Devi was brought to the army hospital at 9.00. a.m. where she was first of all examined by Dr. M. Bhardwaj who was incharge of the casualty ward in the military hospital Ambala Cantt. Her statement was recorded by Shri Phul Singh, A.S.I of Police Station Sadar Ambala Cantt. at 3.25 p.m. on 29.1.1992 and the case was originally registered for offences under Sections 307 and 498-A of the Indian Penal Code. At 3.25 a.m. on 2.2.1992 Krishna Devi died on account of the aforesaid burns. The postmortem examination was performed by Dr. Anil Kumar Mittal Medical Officer of Civil Hospital, Ambala Cantt. on 4.2.1992 who found that the burns were superficial to deep all over the body, except hair and the face. The case was mainly investigated by Shri Phool Singh A.S.I. (P.W.10) who had first of all recorded the statement of Krishna Devi as seen above. The accused was ultimately arrested on 14.2.1992. The Commanding Officer declined the trial of Naik Radhey Singh by the Court Martial and intimation in this regard was received in the trial Court at Ambala.

(3.) PW -2 Dr. M. Bhardwaj who was in the casualty ward in the military hospital, Ambala Cantt admitted Krishna Devi with burn injuries at 9.00 a.m. on 29.1.1992. She was brought there by her husband Radhey Singh. She had verified on telephone from a nurse about the fitness of the patient to make a statement before it was recorded by the police official.