BIRMA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal preferred by appellant Birma Devi, assailing the judgment of conviction dated 22.03.2004 and order of sentence dated 23.03.2004 recorded by learned Sessions Judge, Faridabad, in case bearing First Information Report No. 835 dated 09.10.2002 under Sections 498 -A and 304 -B of the Indian Penal Code (for short "I.P.C.") registered at Police Station Ballabgarh.

(2.) PRECISELY the story is that on 24.09.2002 at about 11:00 p.m. Hem Lata wife of Chakrapal Singh, resident of Mohan Singh Colony, Ballabgarh was brought to Civil Hospital, Ballabgarh, in a burnt condition. She was medico legally examined by Dr. K.C. Goyal, Medical Officer, E.S.I., Faridabad. On receipt of information from the hospital, Head Constable Ganpat Ram was deputed for recording the statement of the injured. He gave an application to the doctor to obtain his opinion about the fitness of the injured, on which the doctor opined that she was unfit for making statement. Her condition being serious, she was referred to Safdarjung Hospital, Delhi. On the same day, i.e. 25.09.2002 Assistant Sub Inspector Krishan Kumar reached Safdarjung Hospital and gave an application seeking opinion of the doctor regarding condition of Hem Lata but again she was opined to be unfit for making statement. On the next day, i.e. on 26.09.2002 another application was given by Assistant Sub Inspector, on which the doctor declared her fit for making statement. Accordingly, the statement of injured Hem Lata was recorded in the presence of Sub Divisional Magistrate.

(3.) ANALYZING the evidence available on record and the submissions made by learned Public Prosecutor and learned counsel representing the appellant, learned trial Court came to the conclusion that the prosecution had successfully brought home guilt to the appellant and convicted her for commission of offence punishable under Sections 498 -A and 304 -B I.P.C. It was further held that the prosecution had failed to prove the alternative charge of murder punishable under Section 302 I.P.C. against the appellant beyond reasonable doubt. Learned trial court sentenced the appellant as under: - -