HAVELI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) DID the appellants pour kerosene oil on Raj Kumari and scorch her ? The trial Court has held that "On 25.5.1991 ..... all the accused in furtherance of the common intention .... and on the instigation of Puran Chand accused, Kashmiri Lal and Haveli Ram burnt her by pouring kerosene oil on her person .... as a result of which she succumbed to her injuries on 27.5.1991 in Jai Parkash Narain Hospital, New Delhi." Is it so ? A few facts as relevant for the decision of the case may be briefly noticed.

(2.) ON November 23, 1986, Raj Kumari (the deceased) was married to Kashmiri Lal (one of the appellants). On May 25, 1991, Raj Kumari suffered burn injuries at about 6 a.m. She was taken to the Civil Hospital, Panipat by her husband, Kashmiri Lal so as to reach there at 6.50 a.m. At 7.05 a.m., the doctor sent a message to the City Police Station. It is Ex.PO. It reached the Police Station at 7.45 a.m. A short while later the police reached the Hospital. Sub Inspector Hari Singh submitted an application (Ex.PN) to the Doctor Incharge of the Civil Hospital to find out if Raj Kumari was fit to make a statement. At 8.10 a.m., Dr. R.K. Garg (PW10) recorded his opinion that she was fit to make a statement vide endorsement Ex.PN/1. Mr. A.K. Jain, Judicial Magistrate Ist Class, Panipat (PW 14) completed the recording of the statement Ex.PP of Raj Kumari at 10.05 a.m. A copy of the statement was supplied to the police vide Ex.PC. On the basis of this statement, F.I.R. Ex.PC/1 alleging that an offence under Section 307 I.P.C. had been committed was recorded. A copy was sent to the Magistrate which reached him on May 27, 1991.

(3.) THE case was investigated. The three appellants viz. the father-in-law Haveli Ram, the husband-Kashmiri Lal and the brother-in-law Puran Chand (Jeth) were charged for offences punishable under Sections 302/34 and 304B I.P.C. They have been found guilty of murder under Sections 302/34 I.P.C. and sentenced to undergo life imprisonment alongwith a fine of Rs. 100/- each. In default of the payment of fine, they have been sentenced to undergo rigorous imprisonment for six months. Aggrieved by the judgment, they have filed the present appeal.