JAGWANTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgement shall dispose of Crl. A. No.458-DB of 2004 and Crl. A. No.797-SB of 2004, as both these appeals arise out of a common judgement of conviction and order of sentence dated 28.2.2004, passed by Addl. Sessions Judge, Rohtak.

(2.) THE appellants have filed this appeal against the judgement of conviction and order of sentence passed by the Addl. Sessions Judge, Rohtak dated 28.2.2004, vide which they have been convicted under Section 304-B and have been sentenced to undergo R.I. for life and to pay a fine of Rs.10,000/- each and in default of payment to further undergo imprisonment for 3 years. The appellants except Lata have further been convicted for the offence punishable under Section 316 read with Section 34 IPC and have been sentenced to undergo R.I. for 5 years and to pay a fine of Rs.5,000/- each and in default of payment to further undergo imprisonment for 1 year. All the accused have also been convicted for the offence punishable under Section 498-A/34 IPC and have been sentenced to undergo R.I. for 2 years and to pay a fine of Rs.2000/- each and in default of payment to further undergo imprisonment for 6 months. All the sentences have been ordered to run concurrently.

(3.) ON the next date, i.e on 7.8.2003, S.I. Ram Niwas again asked the Doctor to opine whether the patient was fit to make the statement or not. The Doctor declared Usha "fit" to make a statement. Accordingly, S.I. Ram Niwas then made a request (Ex. PC) to the Chief Judicial Magistrate Sh. Mewa Singh PW4 for recording the statement of Usha in hospital. Sh.Mewa Singh reached the hospital and recorded the statement (Ex. PC/3) of Usha in the presence of Dr. Joginder Singh (PW5) on 7.8.2003. The statement made by Usha is as under:- "Q.:- What are you doing? Crl. A No.458-DB of 2004 -3- A. - Nothing. Q.:- How many children have you? A. - I have a son namely Aakash and second issue is in my loin. Q.:- What statement you want to be got recorded? Ans.:-Yesterday at about 5 P.M., I was sitting in the courtyard of my house. Rohtash my Jeth (husband's elder brother), Jaggu my husband, Satish my dewar (husband's younger brother), Surje my Dewar sprinkled kerosene oil on me taking out from the stove and set me on fire. My NANAD (husband's sister) named Lata and my Jethani Chhalin (both) sprinkled kerosene oil on me. My husband used to take liquor and beat me with lathies. Before my marriage, they had killed first wife of my husband. Now they are doing like that. Dalipa, Dhanpati (old persons) & Rohtash Jeth saved me. They have set me on fire, as they demanded money and dowry from me. But my father being a poor person is not in a position to give money. What have they done with me, they should be dealt with the same process. Question: - What have you to say? Answer:- My son should be handed over to my parents, otherwise these persons would kill my son. They give beatings to my son also (at this stage, the deponent, started weapings). My husband takes liquor, Supha and play gambling. Question :- Have you given this statement without any fear, and greed? Ans :- Yes, I have no fear at all. Question:- Any thing else have you to say? Ans :- No, Sir. Sd/- Mewa Singh CJM, Rohtak RO&AC 7.8.03 RTI of Usha 12.20 P.M. Point 'A' Place- Bed No.35 Ward No.6 Unit III PGIMS Rohtak Statement recorded in my presence. It has been made by Smt.Usha voluntarily. Sd/- Dr. Joginder Singh JR