RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) V .K. Bali, J Prem Sheela, even though blessed with three male children during ten years of her married life, it appears, had passed through an agonizing time all through these years as the one who was supposed to have protected and looked after her, on account of his addiction to liquor, would pick up a fight and beat her. On October 4, 1990, on one such occasion when he was drunk, he had given beating to his wife and still not satisfied, when he got up on October 5, 1990, he is stated to have burnt his wife alive. These are the allegations of the prosecution on which, Rajinder Kumar, appellant herein, was tried under Section 302 of the Indian Penal Code for having burnt his wife alive at 7 AM on October 5, 1990. He was, therefore, charged for intentionally causing death of his wife Prem Sheela, who at that time was 28 years of age. The FIR as such came into being on the statement made by none other than Prem Sheela herself when she stated before HC Mohinder Singh, PW 8 at CMC Hospital, Ludhiana, at 10.45 A.M. on October 5, 1990 that she alongwith her husband Rajinder Kumar and children was residing at New Madhopuri, Ludhiana, Gali No. 18, About ten years ago, her parents married her to Rajinder Kumar and out of the wedlock she gave birth to three sons. Her husband Rajinder Kumar was working in Sandhu Hosiery as over-lock worker and was in the habit of drinking wine. As usual, her husband came home after drinking and started beating her. But due to over-drunk he slept early. In the morning, when she woke up for preparing tea for children, then at 7 AM her husband got up and picked up a bottle of Kerosene oil and sprinkled the same upon her and after that set her on fire with a match box. She raised an alarm for her safety and tried to run outside but fell down in her house in coma. Some members of mohalla had informed her parents who were residing nearby in Gali No. 12, New Madhopuri, Shiv Mandir. Her brother Badri Dass and father Anirudh Shukla took her to CMC Hospital for treatment where her treatment had been going on. Her husband Rajinder Kumar had poured Kerosene on her and set her ablaze in order to kill her. Prem Sheela succumbed to the burn injuries suffered by her on the intervening night of October 8-9, 1990 at 12.10 A.M. The special report with regard to incident reached the Magistrate concerned at 10 AM on October 9, 1990.

(2.) THE Prosecution, with a view to bring home the offence against the appellant, examined PW 3 Dr. Pritpal Singh, Medical Officer, Civil Hospital, Ludhiana. He stated that on October 9, 1990 at 12.40 PM, he conducted post mortem examination on the dead body of Prem Sheela. The dead body was brought by HC Mohinder Singh and identified by Anirudh Shukla, father of the deceased and Sham Sunder said to be her neighbour. The doctor found superficial to deep burns all over the body except sole of right foot and upper part of the scalp. There was singeing of hair on front of scalp. Pus was coming out from the infected burns at places. The pleura, larynx and trachea and the lungs were congested. On dissection, pus was found present in both the lungs at places. Heart was also congested and its right side contained dark coloured blood. Peritoneum, stomach, small and large intestines, liver, spleen, kidneys and urinary bladder were also congested. The uterus was empty. The cause of death in the opinion of the doctor was septicemeia due to extensive burns which was sufficient to cause death in ordinary course of nature. All the burn injuries were ante-mortem in nature. The probable time that elapsed between injuries and death was within four days and between death and post mortem within 12 hours. In his cross-examination, he stated that it was a case of 100% burns. Dr. Leo Theobald, Senior Resident in the department of Plastic Surgery, CMC Hospital, Ludhiana was examined as PW6. He stated that Prem Sheela was admitted in the hospital on October 5, 1990, at 8.30 AM, as a case of 100% burn injuries. She was brought to the hospital by her brother Badri Nath. On examination, he found that she was having burn injuries which were fresh, i.e., of one hour duration. The injuries were dangerous to life. He proved the injury report, Ex. PG. He sent letter Ex. PH to the police intimating about the death of Prem Sheela. As per history given by the patient, she was set on fire by her husband after dousing her with kerosene. Dr. Subhash Chander, Registrar, CMC Hospital, Ludhiana, who appeared as PW7, stated that on October 5, 1990, Mr. Bhatti, Executive Magistrate Ludhiana came to the hospital and recorded statement of Prem Sheela wife of Rajinder Kumar, who was admitted in the Emergency Ward of the hospital. The Executive Magistrate asked him to examine the patient regarding her fitness to make statement. He examined her and declared her fit to make statement. He made endorsement, Ex. PJ in this respect. Shortly thereafter HC Mohinder Singh also came to the hospital and made an application, Ex. PK regarding fitness of Prem Sheela to make statement. He declared her fit to make statement vide endorsement, Ex. PK/1 at 10.50 AM. In his cross-examination, he stated that the Executive Magistrate had not recorded the statement of Prem Sheela in his presence. He, however, denied the suggestion that he had appended his endorsement, Ex. PJ on the dying declaration at the instance of the Executive Magistrate.

(3.) WHEN examined under Section 313 Cr.P.C., the appellant stated that he had cordial relations with his wife. They had three sons and were leading a happy marital life. He was working as mechanic of overlock machine in B.S. Sandhu Hosiery, Ludhiana. They were exporters. Due to Russian disorder, the export business of Ludhiana came to halt. He was practically unemployed. He was asking his wife that they should go to their native village Rampur Bujurag in District Gorakhpur because they could live in a family house there and food would also be free. He told his wife that when situation would improve, they could again come back. He father-in-law and mother-in-law, who were living in street No. 18, were provoking his wife not to leave Ludhiana as she would have to work in the household as they had joint family in the village. His father-in-law was a Pujari in the Mandir in Street No. 18 and he was levelling allegations against him that his whole family was taking alcohol, onions, garlic etc. and, thus, it would not be proper for her to live at her native village. He had purchased the house with his own small savings and in his absence to Gorakhpur, he would have rented out the house. When he was in judicial custody, the came to know that his father-in-law had managed to get the house transferred in the name of his wife by forging some documents regarding the sale. He was in his village in those days and there his father received a telegram regarding seriousness of Prem Sheela. He had gone to District Gorakhpur from his village in search of employment and to settle other family matters. In the meantime, he came back to his village and came to know through his relations that Prem Sheela had died due to burn injuries. His father-in-law was trying to implicate him falsely in her murder and out of fear that he would be beaten and implicated in this case, he did not come to Ludhiana immediately. However, after coming back to his village from Gorakhpur, when he came to know that the people of his brotherhood were being apprehended and tortured in Ludhiana by the police, he surrendered before the Court of Magistrate after engaging a counsel. Ultimately, he was bailed out by the High Court. He led evidence in defence and examined Dr. R.K. Sharma as DW1. Dr. Sharma stated that he was in Government job since February, 1985 and he did his MBBS in June, 1980. He was specialist in general surgery in ESI Hospital at Ludhiana. He stated that a patient with 100% burn injuries, when doused with kerosene and admitted in the hospital, the first anxiety of the doctor would be to save the life and for that the doctors give life saving treatment which includes injections like Fortvin, Compose, IV Fluids etc. and because of this treatment the patient feels slightly relieved of the pain and sedated thereof. In case no such treatment is given to the patient with 100% burn injuries for 2-3 hours, then the state of shock is enhanced and patient's condition deteriorates towards death. To a court question put to him as to whether he could refer to any text book wherein it might have been mentioned that in each and every case of 100% burn injuries, the patient would not be able to make statement, he answered by saying that it was so mentioned in text book of Surgery by Davis Christopher in the Chapter of Burns. He further stated that if there are 100% burn injuries then the patient would not be in a position to make statement. If the burns are superficial, the patient would also be in a shock but would be in a position to speak. He denied the suggestion that a patient with 100% burn injuries could speak and make statement. Ved Raj, an Assistant from Telegraph office appeared as DW2. He only proved telegram Ex.DA which bore a postal stamp of Gorakhpur dated October 5, 1990. This telegram, according to the witness, is purported to have emanated from Ludhiana on October 5, 1990. Bhagwati Parshad Misra, father of the appellant, who appeared as DW3, supported the plea of alibi of the appellant. We are not giving the gist of statement made by DWs 2 and 3 as nothing based upon their statements has been canvassed before us.