SAGIR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At about 5 pm. on September 6, 1996, Smt. Kamla deceased was brought to the casualty ward of the JLN Hospital, at Ajmer. She was having burn injuries on her person. The House Staff in the Casualty Ward informed PW/1 Dr. P. K. Saraswat, Medical Jurist at that hospital to examine the injured Smt. Kamla. Dr. Saraswat examined the deceased for her injuries at about 5.40 and 5.50 pm. He found superficial burns on her face, neck, front chest, patches on back, upper limb and patches on lower limb. Dr. Saraswat further noted singing of scalp hair, eye brow and eye lashes of the deceased. Smell of kerosene oil was coming from the body of the deceased. Dr. Saraswat, therefore, sent the deceased to the family surgical ward of the said hospital. Simultaneously, he informed Biram Singh, ASI, at Police Station Christanganj because it was a burn injury case. It is alleged that on receipt of wireless message from the hospital PW/12 Panna Lal, who was Station House Officer at Police Station, Christanganj reached the hospital along with his subordinate staff. He contacted the Duty Doctor, PW2 Dr. Paritosh Das Agrawal - resident doctor and enquired of him as to whether the deceased was in a fit state of mind to give a statement. On having been certified by Dr. Agrawal that the deceased was in a fit condition to give statement, PW/12 Panna Lal, SHO is said to have recorded her statement, which runs as under :-

(2.) The statement of the deceased as recorded by PW/12 Panna Lal was forwarded to the Police Station for registration of a case. PW-7 Mahavir Singh Constable handed over the statement Ex. P/3 to PW/10 Musteam Khan at the Police Station and, a case under Sec. 302, IPC was registered. At the hospital, PW/12 Panna Lal

(3.) 1 x 1 cm burn sup. deep with blister formation on lower lip.