SHARBATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE three appellants, namely, Sharbati mother-in-law, Jani Ram father-in-law and Uggarsain husband of Rajo deceased were tried on the charges under Sections 302 and 498-A, Indian Penal Code and having been found guilty under the said offences, Sharbati was convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 3,000/- or in default to undergo further rigorous imprisonment for two years whilst all the three appellants were convicted under Section 498-A. Indian Penal Code and each of them was sentenced to two years R.I. and a fine of Rs. 1000/- or in default to undergo further rigorous imprisonment for six months. They appeal.

(2.) THE long and the short of the prosecution case is that on 27.7.1986 at about 5.20 A M. Smt. Rajo who was married to Uggarsain of Sirsa 3-3/4 years ago, was brought with extensive burns to the General Hospital, Sirsa by Jani Ram accused. Dr. P.R. Kayasth attended on the patient and he sent intimation Ex PL at 5.20 A.M. to the S.H.O. of Police Station City, Sirsa, informing him almost 100% burns and that her condition was very serious and arrangement should be made for recording her dying declaration. Raghbir Singh Assistant Sub Inspector on reaching the General Hospital, Sirsa at about 6.15 A.M. made an application, to the Medical Officer and after obtaining his opinion about the fitness of Smt. Rajo to make statement, recorded her statement (Ex. PF) at 8.05 A. M. and despatched it to the police station for registration of a case. On the basis of that statement formal F.I.R. Ex. PF/I was registered at Police Station, Sirsa at 8.25 A.M. On the earlier request of the Police, Shri K. R. Goyal, Judicial Magistrate First Class, Sirsa, also arrived in the Hospital and recorded the dying declaration (Ex. PJ/4) of Smt. Rajo at 8.15 A.M. Smt. Rajo succumbed to the burn injuries at 1.35 P.M. In her dying declaration recorded by the said Magistrate, she stated that she had a dispute with her in-laws and they were not inclined to bring her from the house of her parents and that her father Sukh Ram made an application against her inlaws at Police Station, Sirsa and on the intervention of the Police and with the help of the panchayats, the matter was compromised and her in-laws brought her to their house but she was maltreated by her mother-in-law because of insufficiency of dowry brought by her in the marriage. She further stated in her statement that on the fateful day, she slept on the roof at about 10.00 P. M. and came down at about 3.30 A.M. for Putting fodder before the buffalo and after doing to, she slept in the baithak and that it was her mother-in-law Sharbati who poured kerosene oil on her and also gagged her mouth and lighted the match stick resulting in the aforesaid burns. According to her, some persons from the neighbourhood came there the and extinguished the fire.

(3.) DR P.R. Kayasth PW. 5 medically examined Smt. Rajo on 27.6 1986 at about 5.20 A.M. and found 98% burns on her body. He found kerosene smell present all over the body and the body was blackened. The doctor declared her fit to make statement at 8.00 A.M. and the Magistrate then recorded the statement (Ex. PJ/4) of Smt. Rajo in the presence of this witness. When Dr. Amar Singh PW. 10 examined Smt. Rajo at 8.00 A.M. on 27.7.1986, she was conscious at that time. Dr. D.B. Grover PW. 2 conducted autopsy on the deadbody of Smt. Rajo on 27.7.1986 and according to him, she had died due to shock as a result of extensive burns which were sufficient to cause death in the ordinary course of nature. After necessary investigation, the accused were challaned and committed.