KULDIP KUMAR Vs. U T CHANDIGARH

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment dated 14th July, 1995 and the order dated 15th July, 1995, passed by the Court of Additional Sessions Judge, Chandigarh, who convicted the appellants under Section 306 of the Indian Penal Code and sentenced Kuldip Kumar appellant to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/-. In default of payment of fine he was directed to undergo further rigorous imprisonment for a period of six months. Appellant Shanti Devi was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 3,000/-. In default of payment of fine she was ordered to undergo further rigorous imprisonment for a period of four months.

(2.) The brief facts of the case can be described as follows :

(3.) As many as 17 witnesses were examined by the prosecution at the trial stage. PW1 Dr. Ajay Verma conducted the post-mortem examination on the dead body of Smt. Parwati - a female lady of 27 years. According to this doctor there were deep and superficial burns all over the body (100%). Singering of hair was present. The tongue of the deceased was protruding out. In the opinion of this doctor, the death was due to shock on account of extensive burns, which were sufficient to cause death in the ordinary course of nature. The time which lapsed between injury and death was within 24 hours and between the death and post-mortem was within 24 hours. Ex. PA is the correct carbon copy of the post-mortem report. It has been stated by this doctor in the cross-examination that the condition of a patient with 100% burns is most precarious and most agonising. PW 2 Dr. D.V. Krishna Rao deposed that Parwati came to P.G.I. Hospital on 28th November, 1990 at about 6.45 p.m. with 95% bums. Intimation about her admission was sent to the Police Post P.G.I, and this very doctor on the same day sent a requisition informing the Police to arrange the services of a Magistrate so that the dying declaration of the deceased could be recorded. The Executive Magistrate came with the police and this doctor gave his opinion (Ex. PC) on the request of the police to know whether Smt. Parwati was fit to make a statement or not. The doctor certified that she was fit to make a statement. Resultantly, Shri Jarnail Singh, Executive Magistrate recorded her statement (Ex. PD). It was read over and explained to her and she thumb-marked the same in token of its-correctness. This doctor also issued the certificate (Ex. PD/1) to the effect that so long Smt. Parwati gave her statement before the Executive Magistrate, she was conscious and fit to make the statement. PW 3 Dr. P.V. Sudhakar gave the case summary of patient Smt. Parwati to the police. PW 4 Dr. Vishwas T. Mohabeer gave intimation to the police about the death of Smt. Parwati, which took place on 29th November, 1990. The prosecution also examined PW 4 Shri P.K. Sharma, Executive Magistrate, Chandigarh, who took the specimen signatures and handwriting of Kuldip Kumar accused, PW 6 Shri Jaswant Singh, Draftsman, who prepared scale site plan (Ex. PH), PW 6 Shri Om Parkash, Moharrir Head Constable, gave his statement by way of affidavit (Ex. PH/1). PW 8 Constable Chaman Lal gave his statement by way of affidavit (Ex. PH/2). Similarly Constable Jagbir Singh, who appeared as PW 9, gave his statement by way of affidavit (Ex. PH/3). The prosecution also examined S.I. Harish Sharma (PW 10), Constable Karam Pal (PW 11), and M.H.C. Suresh Kumar (PW 12). Shri Pawan Kumar is the brother of the deceased and he appeared as PW 13. Sh. Kimti Lal, who appeared as PW 14, is yet another relation of Smt. Parwati. Shri Amarjit Singh, Assistant, Medical Record Library, P.G.L, Chandigarh, appeared as PW 15. Shri Jarnail Singh, Executive Magistrate, who recorded the dying declaration of deceased Smt. Parwati, appeared as PW16. Shri Dharam Pal, who appeared as PW17, is yet another brother of Smt. Parwati. Head Constable Inderpal Singh, Police Photographer, appeared as PW 18, Shri Ram Sajiwan Misra appeared as PW 19 and Inspector Siri Ram, who investigated this case, appeared as PW 20.