SHAKUNTLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN case First Information Report No. 75 dated 29th of January, 19985 Police Station City Ambala, Shri Hari Ram, Sessions Judge, Ambala convicted appellant Smt. Shakutla Smt. Shakuntla aged about 50 years, under Section 302 of the Indian Penal Code and sentenced her to undergo imprisonment for life. The court on trial of the appellant came to the conclusion that on 29th January, 1985 in the afternoon the appellant had sprinkled kerosene on her daugther-in-law Smt. Usha Rani and set her on fire, as a result of which deceased Usha Rani got 100 percent burns, consequent to which she died in Civil Hospital, Ambala City at 6.40 P.M. on 2nd February, 1985.

(2.) THE relevant facts are that deceased Usha Rani was married to Joginder Pal son of the appellant about 15 months prior to present occurrence. Allegedly, relations of accused-appellant with the deceased were strained and she used to harass the latter for bringing meager dowry. On 29th of January, 1985, when only the appellant and the deceased were at home, present occurrence took place at about 3.30 P.M. Ladha Ram (P.W. 6), uncle of the deceased was coming from the side of Hari Palace cinema in the afternoon and on his way to his house he heard noise that Usha Rani Caught fir. On getting that information he went to the house of his brother Nebh Raj, father of the deceased, and from there he, Nebh Raj his wife Smt. Jiwan Bai and Sham Lal went to the house of the deceased. On arrival there they found that Usha Rani was laying burnt and she was crying with pain. The deceased at that time was remarking that her mother-in-law put kerosene on her and then put her on fire. Usha Rani was carried to Civil Hospital, Amabla City, on a cot and was admitted there.

(3.) ON arrival in the Hospital, H.C.Mansa Ram made application, Exhibit P.H., to ascertain if Usha Rani was fit to make statement. On his said application Dr. V.P. Mann opined vide Exhibit P.H/1 that she was mentally fit to make statement. Therefore, the Head Constable recorded statement, Exhibit P.B,of Usha RAni in the presence of Dr. V.P. Mann. The same is now being used a dying declaration. Usha Rani thumb marked her said statement and Dr. V.P. Mann also made his endorsement. Exhibit PB/2, on that statement of the deceased, denoting that the same was taken in his presence. Said statement of Usha Rani was sent to the Police Station by the Head Constable for registration of the case. On the basis of that statement of Usha Rani, Exhibit P.B., present case against the accused was registered under section 301 of the Indian Penal Code to start with, The statement was completed at 5.25 P.M. on 29th of January, 1985, and the formal first information report was registered on the same day at 5.45 P.M.