MILAP KUMAR NAND RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence, dated 9:11-1999, rendered by the Court of Sessions Judge, ferozepur, vide which it convicted the accused (now appellant), for the offence, punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life, and to pay a fine of Rs. 5000/-, or in default of payment of the same, to further undergo rigorous imprisonment for one year.

(2.) THE prosecution story proceeded, in the manner, that Raj Bala (now deceased), was married to Milap Kumar, accused (now appellant), about four years prior to 10-5-1995, the date of occurrence. On 10-5-1995, at about 2/3 P. M. , the family of the accused finished their meals. Raj Bala (now deceased), went to prepare tea. Milap Kumar, accused, took Raj Bala, his wife, in a room and asked her, as to why, she was not accompanying him, to the fields, for work. Upon this, Raj Bala (now deceased), replied that, as she was having small children to look after, so she was unable to accompany him, for work, in the fields. Milap Kumar, accused, then threw kerosene oil, upon Raj bala, and set her ablaze. Thereafter, the accused bolted the door from outside. On the noise, being raised by Raj Bala, she was rescued by her neighbourers. She was got admitted in Civil Hospital, Fazilka, with 80% burn injuries. Dr. V. K. Munjral, sent intimation to the Station House Officer, Police station Sadar, Fazilka, through intimation slip (ruqa) exhibit PA, immediately after the admission of Raj Bala, in the hospital. On receipt of the written intimation, from the doctor, Gurcharan Singh, Assistant Sub Inspector, Police Station Sadra, Fazilka, reached the hospital. He moved an application exhibit PB, seeking the opinion of the doctor, as to whether, Raj Bala, was fit and conscious to make a statement. Dr. V. K. Munjral, vide endorsement exhibit PB/1, certified that the patient was unfit, to make statement, at 10. 35 PM, on 10-5-1995. Thereafter, on 11-5-1995, Balwinder Singh, sub Inspector/station House Officer, Police station Sadar, Fazilka, went to the hospital, where Raj Bala was admitted, with burn injuries, and moved an application exhibit pc, before the doctor, seeking his opinion, as to whether, she was conscious and fit to make statement. The doctor vide endorsement PC/1, at 10. 30 AM, on 11-5-1995, opined that the patient was fit to make statement. Thereafter, Balwinder Singh, Sub Inspector/station House Officer, recorded the dying declaration exhibit PO, of Raj Bala, in which, she stated the sequence of events, narrated hereinabove. It was read over and explained to Raj Bala, who after admitting the same to be correct, affixed her thumb impression thereon. Thereafter, Balwinder singh, Sub Inspector, sent PO, in the form of ruqa by appending his endorsement PO/ 1, on the same, on the basis whereof, FIR p/2, was recorded by Surjit Singh, MHC.

(3.) THEREAFTER, Balwinder Singh, Sub Inspector, handed over an application to gurucharan Singh, Assistant Sub Inspector, to bring the Sub Divisional Magistrate, for recording the dying declaration of Raj bala. Gurucharan Singh, Assistant Sub Inspector, brought Tejpal Singh Bedi, Naib tehsildar-cum-Executive Magistrate, abohar, to the hospital. Tejpal Singh Bedi, recorded the statement of Raj Bala, exhibit pk, on 11-5-1995. Raj Bala, died on 14-5-1995 at 7. 00 P. M, on account of the aforesaid burn injuries. On that day also, Dr. V. K. Munjral, received the dead-body of Raj bala, along with the inquest report and request for post-mortem examination exhibit pd. He marked the same to Dr. Davinder bhukal, vide endorsement exhibit PD/1. Dr. Davinder Bhukal, conducted the post mortem examination, on the dead body of raj Bala (deceased ). Balwinder Singh, Sub inspector, inspected the spot, and prepared the rough site plan PQ of the place of occurrence, with correct marginal notes. He collected from the spot one cot MO/1 and can MO/2. The same were taken into possession vide memo PM. He also took into possession, from the spot, burnt clothes i. e. piece of salwar MO/3, piece of shirt MO/4, chaddar (bed sheet) MO/5 and quilt MO/6, vide recovery memo PL. The site plan was prepared. The statements of the witnesses were recorded. Milap Kumar, accused, was arrested on 19-5-1995. After the completion of investigation, he was challaned.