STATE OF H.P. Vs. SALOCHNA DEVI

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. against the judgment of the Court of learned Sessions Judge, Hamirpur, dated 30.8.1993, vide which the respondent was acquitted of the charge framed against her under Section 302 I.P.C.

(2.) BRIEFLY stated the facts of the case are that one Smt. Biasan Devi, now deceased, was married to Surinder Kumar in March or April, 1988 and had been residing with her husband and his parents in village Bari. On 8.11.1988, at about 8.00 p.m., she received extensive burn injuries on her person in the kitchen of the house. She was brought to District Hospital on the same day at about 11.30 p.m. and the police was informed accordingly. She regained consciousness and made a statement to the police which was recorded by A.S.I. Karam Singh, Police Station, Hamirpur at 1.30 a.m. in presence of Dr. P.K. Sharma who was attending the patient and Pradhan Chaman Lal. The deceased told at that time that she had received the burn injuries on her person while litting the stove while preparing tea. The said Medical Officer had found that the deceased was having extensive burn injuries on her body to the extent of 50% which were on the front portion of her body. It is further the prosecution that her sister Pushpa Devi had been working in the hospital who received the information about her sister having been admitted there and she went there and found her sister having burn injuries on her person and on seeing the deceased, she fainted and became unconscious. It is in evidence that thereafter Smt. Biasan Devi deceased had a talk with her sister Pushpa Devi. The condition of Smt. Biasan Devi deteriorated and the police called Shri Sanjeev Gupta, the then S.D.M., Hamirpur, who recorded the dying declaration of Smt. Biasan Devi in presence of the Medical Officer on 9.11.1988, at about 10/11 a.m. in the said dying declaration, she alleged that when she was washing her hands in the Challa of the kitchen, her sister -in -law/respondent poured the kerosene oil on her person and set her on fire. She also told the then S.D.M. that earlier statement made by her was incorrect which was given under the influence of her husband and other members of his family. On the basis of the statement made by Smt. Pushpa Devi, sister of Smt. Biasan Devi, a case was registered under Section 302 I.P.C. Smt. Biasan Devi was referred to P.G.I. Chandigarh, where she died of born injuries on 16.11.1988. Her postmortem was conducted and after investigation, the challan was filed before the Judicial Magistrate under Section 302 I.P.C., who committed the case to the learned Sessions Judge, Hamirpur, who tried the respondent leading to her acquittal.

(3.) THE submissions made by the learned Deputy Advocate General were that the prosecution had clearly established the fact that the first dying declaration was made by the deceased under the influence of her husband and his family members and as such, it was incorrect. It was also submitted that the prosecution had proved that the subsequent dying declaration recorded by the S.D.M. was correct, which has been proved from the statement of the then S.D.M. and keeping in view the dying declaration made by the deceased subsequently, the findings recorded by the learned trial Court cannot be termed as correct and rather can be termed as perverse and as such, the appeal is liable to be accepted.