JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) JOGINDER Singh (appellant herein), and Pali Ram @ Phali Ram sons of Jawa Ram as well as their father Jawa Ram son of Ramji Lal, were tried for the offences under Sections 304 -B, 307 (later on converted into 302 IPC) and 498 -A, IPC. Vide the impugned judgment dated 13.3.2003, the learned Additional Sessions Judge, Kurukshetra, held that the prosecution has failed to prove commission of an offence punishable under Section 498 -A, against the above named accused persons and further held that no offence under Section 304 -B IPC was made out against Joginder Singh son of Jawa Ram (the appellant) and after acquitting them of the charges referred to above, however, convicted the appellant (Joginder Singh son of Jawa Ram) under Section 302 IPC and sentenced him to undergo RI for life and to pay a fine of Rs.2,500/ -, in default whereof he was directed to undergo further RI for one month, which has led him to file this appeal.

(2.) ACCEPTING the prosecution version, the appellant has been guilty of committing the murder of his wife Bibo Devi, who was allegedly set ablaze by the appellant on 9.4.1998 at about 9.30 a.m. in Village Lohar Majra of District Kurukshetra. Bibo Devi, as per the medico -legal report (Ex. PX/1) suffered 90 -95% burn injuries and was brought to Lok Naik Jai Parkash Government Hospital, Kurukshetra at 11.10 a.m. on 9.4.1988 by her husband, namely, the appellant. As the prosecution case unfolds, ASI Surinder Singh, In -charge Police Post, Jyotisar, collected the Ruqa Ex. PX/2 and MLR Ex. PX of Bibo Devi sent by the authorities of the hospital and reached the Hospital at about 1 p.m. He moved an application Ex. PX/4, seeking opinion of the Medical Officer as to whether Bibo Devi was fit to make a statement or not. The Doctor vide his opinion Exhibit PX/5 opined that she was fit to make the statement. Thereupon, ASI Surinder Singh contacted Bibo Devi, who refused to make the statement. ASI Surinder Singh then contacted Sh. Lalit Batra, Additional Chief Judicial Magistrate, Kurukshetra, where he was staying and moved an application (Ex.PU) before him with a request to record the statement of Bibo Devi in the Hospital in the form of a dying declaration. The Additional Chief Judicial Magistrate marked the said application to Ms. Kanchan Nariala, the then Judicial Magistrate 1st Class, Kurukshetra, who reached the Hospital at 1.45 p.m. and sought opinion of the Doctor as to whether Bibo Devi was fit to make a statement or not. The Doctor (vide Exhibit DX) declared Bibo Devi "fit to make statement" whereupon the learned Judicial Magistrate at about 1.47 p.m., went to Bibo Devi; directed her husband to leave the room and after ensuring that there was none except the patient and the Nurse who was attending the patient, asked Bibo Devi as to whether she was willing to make a statement though she was not bound to give the statement. Thereafter a question was asked to Bibo Devi as to whether she wanted to give her statement to which Bibo Devi answered "I do not want to give my statement now. I will give my statement after two days." (Exhibit PU/2). The learned Judicial Magistrate thereupon passed the following order (Exhibit PU/3): -

(3.) THE aforementioned dying declaration made by Smt. Bibo Devi at about 11.40 p.m. 1ed to the registration of the FIR in question bearing No. 292 of the next day i.e. 10.4.1998 at 12.10 p.m. under Section 498 -A/307 -B IPC, with regard to which special report was received by the Chief Judicial Magistrate at 3 p.m. on 10.4.1998.