RAM PIARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 5/8-5-1997 of Additional Sessions Judge, Karnal, whereby he convicted Ram Piari and Sanjay Kumar under Sections 302 and 498-A of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and to pay a fine of Rs. 1,000/- each. In default of payment of fine, they were ordered to undergo rigorous imprisonment for a period of one year each. Appellants were further directed to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 500/- each under Section 498-A of the Indian Penal Code. In default of payment of fine, they were ordered to undergo rigorous imprisonment for a period of three months each. The substantive sentences of imprisonment awarded by the trial Court were ordered to run concurrently.

(2.) The case of the prosecution is unfolded by Pirthi Singh, Executive Magistrate, Panipat (PW-1) who recorded the dying declaration of deceased - Santosh. She stated in her dying declaration that on 8-4-1995 at about 7.00 a.m., her Devar (husband's brother) sprinkled kerosene oil on her and her mother-in-law Ram Piari set her on fire with a match stick. Her husband Ram Chander was sent out to get water. She further stated that she is a resident of village Kabri. About two years back, she was married to Ram Chander of village Faridpur. From the day, she had come to her husband's house, appellant Ram Piari, her mother-in-law, demanded money. On 7-4- 1995 Ram Piari had put pressure on her to get the money demanded by her. Deceased could not get money from her parents. Due to'this, she was set ablaze. On the basis of dying declaration, FIR dated 8-4-1995 (Exhibit PQ) was recorded at 2.00 p.m. Special report was sent to the Illaqa Magistrate on 8-4-1995 at 4.30 p.m.

(3.) Prosecution, to prove its case, brought into the witness box PW-1 Pirthi Singh, Executive Magistrate, who recorded the dying declaration, PW-2 Savitri, the mother of the deceased, PW-3 Phool Singh, the father of the deceased, PW-4 Shamsher Singh, the brother of the deceased, PW-5 Head Constable Devi Singh, PW-6 Dr. Punam Malhotra, who conducted the post-mortem on the dead body, PW-7 Constable Mulakh Raj, PW-8 Ram Mehar Singh, Assistant Sub-Inspector, the Investigating Officer, PW-9 Azad Singh, Assistant Sub-Inspector, who prepared the site plan and PW-10 Dr. P. K. Gandhi.