KAMLESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS APPEAL IS DIRECTED AGAINST THE ORDER OF SESSIONS JUDGE, KURUKSHETRA, DATED 5-12-1987, WHEREBY THE PRESENT APPELLANT WAS CONVICTED UNDER SECTION 302 OF THE INDIAN PENAL CODE AND SENTENCED TO UNDERGO IMPRISONMENT FOR LIFE FOR COMMITTING THE MURDER OF HER DAUGHTER-IN-LAW KAVITA ALIAS SAROJ

(2.) IN brief, facts of the prosecution case, are, that on the morning of 26-5-1987, Kavita alias Saroj with more than 80% burns on her body was brought by her husband Som Nath to Civil Hospital Shahabad. Dr Samrat Harsh Sehgal gave treatment to her and sent ruqqa Exhibit P-A to the Police Station at 9.15 A.M. Almost at the same time he sent another ruqqa Exhibit P-A/1 to Naib Tehsildar-cum-Executive Magistrate, Shahabad, with the request that the dying declaration of the said injured may be recorded. After the receipt of information that the said officer was out of station, Dr. Samrat Harsh Sehgal recorded the dying declaration Exhibit P-A/2 in the presence of Dr. Jatinder Sayal, who also was working in the same hospital.

(3.) IN her statement under Section 313 of the Code of Criminal Procedure, the accused gave her version. According to her, on the morning of the occurrence, she, her son Som Parkash and his wife Kavita were present in the house. At that time, her son Som Parkash asked his wife to bring his break-fast. She went to the kitchen to bring the same. In the meanwhile they heard shrieks of Kavita, whereupon both she and her son Som Parkash rushed towards the kitchen and found that Kavita bad caught fire. Her son immediately tried his level best to put off the fire, and in that process he too suffered burn injuries. After the fire was extinguished he aid his wife Kavita were removed to Civil Hospital, Shahabad. She was detained in the Police Station, and there she came to know about the death of her daughter-in-law. She pleaded false implication in this case. In her defence, she examined Dr. R.K. Sandhir as DW-1 and Som Nath as DW-2.