SHARIFAN AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) ROSHAN (P.W.2), on 18.06.2001, had married his daughter, Vakila with Zamil Khan s/o Bashir Khan, resident of Pahadi Chungi Naka, Niwai, District Tonk. On 19.9.2006, Vakila was admitted at Burns Ward, S.M.S. Hospital, Jaipur with burn injuries. She had received 100% burn injuries having 1st to 3rd degree burns. While admitted in the S.M.S. Hospital, Jaipur, on 20.9.2006, at 9:30 PM, Vakila expired.

(2.) THE prosecution had sent Zamil Khan husband of Vakila, Bashir Khan father -in -law, Smt. Sharifan mother -in -law, Mubarak Khan elder brother of the husband (Jeth) and Smt. Zarina wife of elder brother of husband (Jethani) for trial, on the basis of investigation arising out of FIR No. 319/2006, registered at Police Station Niwai, District Tonk, for the offence under Section 304 -B IPC.

(3.) WE need not pay attention to the statement (Exhibit -P/12) made by the deceased, Vakila to Sub -Inspector, Police, in presence of her relations, as Meena Avasthi (P.W.18) on 20.9.2006, being Judicial Magistrate, Jaipur City, Jaipur, had recorded the statement of Vakila at 4:10 PM, after she was declared fit to make statement by Dr. Ankur Bhatnagar (P.W.4), who was then posted as Resident Doctor at the Burn Ward, Plastic Surgery Department, S.M.S. Hospital, Jaipur. The statement of the deceased, Vakila (Exhibit -P/5) recorded by the Judicial Magistrate has been treated as a dying declaration.