STATE OF HARYANA Vs. SHARDI

JUDGEMENT

(1.) THIS is an appeal filed by the State against the judgment dated November 15, 1999 passed by learned Additional Sessions Judge, Jind, whereby above named respondents were acquitted in case registered against them vide First Information Report No. 134 dated March 30, 1998 under Sections 302, 109 and 498-A read with Section 34 of Indian Penal Code at Police Station Sadar Narwana.

(2.) THE prosecution case is that on March 30, 1998 at about 8.50 a.m. Rani (deceased) wife of Krishan accused-respondent was brought to General Hospital, Narwana having burn injuries on her person. Dr. B.R. Kayat (PW-11) sent the information to Police Station Sadar, Narwana. On receipt of the information, Umed Singh, Assistant Sub Inspector (PW-9) (for short 'ASI') reached the hospital. He moved application (Exhibit PJ) to the Medical Officer to seek his opinion whether Rani was fit to make the statement or not ? Medical Officer, vide his endorsement (Exhibit PJ-1), opined that Rani was fit to make the statement. Investigator moved an application (Exhibit PR) to Shri Baljit Singh, Judicial Magistrate, Narwana (PW-10) requesting him to record the statement of Rani. Shri Baljit Singh reached hospital at 11.10 a.m. He sought the opinion (Exhibit PR-1) of Dr. B.R. Kayat (PW-11), whereby Rani was declared fit to make the statement.

(3.) SHE appended her right thumb impression on her statement. The Magistrate further obtained the certificate (Exhibit PR-3) of the Medical Officer that Smt. Rani remained conscious during the period she made the statement. Certificate (Exhibit PR-4) was also given by the Magistrate mentioning the sequence of the proceedings carried out by him.