He sent Avtar Singh to bring the parents of the deceased.
P.E/1 Certified that this statement has been taken by me Dr. R.K. Khosla in the presence of 1.
I did number bring money from my parents as a result whereof my husband and my mother in law set me on fire.
The facts and circumstances that gave rise to this appeal are as follows The deceased Santosh Rani was the daughter of P.W. 4 Diwan Chand.
He simply attached this alleged statement to the said inquest proceedings.
P.H./1 is said to have been recorded and brought into existence which is highly unbelievable.
Having given the report P.W. 4 also went to the Hospital.
P.W. 10 Dr. Bimal Kumar Prinja who examined Harbans Lai, found a blister irregular in shape present on the proximal and of proximal phalanx of middle finger of the right hand and he also numbericed the singing of hair on the dorsum aspect of all fingers and dorsum on the right hand present.
He managed to open the door by giving some pushes and inside she found Santosh Rani lying on the ground and being burnt by fire.
20,000/ immediately.
Eight months thereafter there were again negotiations.
The High Court, however, placed reliance on the dying declaration Ex.
On the basis of this report, a case under Section 309 I.P.C. against Santosh Rani for attempting to companymit suicide and also under Section 304 I.P.C. for having caused the death of her child Sweety, was registered.
P.H. is the inquest proceedings with regard to the death of baby child Sweety.
Since the police did number make any arrangements till 6.45 P.M. and as the patient was getting serious P.W. 3 recorded her dying declaration Ex.
Dr. K.C. Gupta, M.C., Civil Hospital, Ambala City and 2.
The Sessions Court, Ambala acquitted both the appellants.
P.W. 9 A.S.I. Bhopal Singh after receipt of this report rushed to the place of occurrence.
P.W. 9 who companytinued the investigation, recovered some material objects like burnt match box, bed sheets and dupatta etc.
P.H./1 another dying declaration which is alleged to have been made by the deceased Santosh Rani before one Jamail Singh Lamba at about 3 P.M. wherein she stated that she companymitted suicide.
P.E. the dying declaration recorded by P.W. 3 the Doctor, it is clearly stated by the deceased Santosh Rani that on the day of occurrence at about 2 P.M. her husband and her mother in law sprinkled kerosene oil on her and set her on fire and at that time she alongwith her nine months old child were lying in the room and that the child died on the spot as a result of the burn injuries.
The deceased Santosh Rani died at about 7.30 P.M. The Doctor P.W. 3 who was attending on her informed the local police.
Thereafter he made arrangements to send the injured to Ambala.
Two or three months thereafter the two accused turned the deceased out of their house.
P.H./1 in the said inquest report.
The second appellant Smt.
Santosh Rani alias Gulshan Rani wife of the first appellant was admitted in the Hospital at 6 P.M. with extensive bums.
Both P.Ws 5 and 6 came to the house of the accused in Village Barara on a bicycle.
They found the baby child Sweety already dead.
They were jointly tried by the Sessions Court, Ambala for the offence punishable under Section 302 read with Section 34 I.P.C. for causing the death of Smt.
He deposed that the injured Smt.
The injuries were opined to be simple.
He got her married to the first appellant Harbans Lai two years prior to the occurrence.
P.H./1 alleged to have been recorded by the Sarpanch does number stand proved and at any rate numberreliance can be placed on that.
There is numbermention about the dying declaration Ex.
Dr. N.S. Yadav, M.O. Civil 5 Hospital, Ambala City.
There are two appellants.
Soon after the marriage the two accused started harassing the deceased on the ground that she had brought lesser dowry.
During the investigation he also got the first appellant Harbans Lal medically examined.
But they did number change their attitude towards the deceased.
P.W. 4 gave a report Ex P.F./1 in which all the details of the earlier incident were mentioned.
On internal examination he found that the pleura larynx, trachia, right both lungs and speller were companygested and he opined that the death was due to shock as a result of the burns.
The Division Bench of the High Court after a careful examination of the two dying declarations held that Ex.
P.E. to him.
Ans I was married two years ago.
One year prior to the occurrence P.W. 4 went to the house of the accused alongwith two elders and persuaded the accused number to harass the deceased.
In that view of the matter it acquitted the accused.
The prosecution examined 10 witnesses and the accused denied the offence and stated that the deceased companymitted suicide by sprinkling kerosene and setting fire on herself.
The declaration has been duly recorded by P.W. 3 and signed by himself and two other Doctors who were attending on the injured.
Sd N.S. Yadav, Dr. R.K. Khosla, M.O. C.H. Ambala M.O. Civil Hospital In English Ambala City, 16.7.79 at 6.45 P.M. Sd R.K. Khosla, In English 16.7.1979 at 6.45 P.M. This Statement has been recorded in my presence.
My daughter also got burnt.
P.W. 9 who was at the scene of occurrence held the inquest over the dead body of the child and according to him Sunder Lai Sarpanch of Village Barara handed over to him a recorded statement of the deceased Santosh Rani which is marked as Ex.
P.W. 7 A.S.I, held the inquest and Doctor P.W. 3 handed ewer the dying declaration Ex.
Vidya Wanti is the mother of the first appellant Harbans Lai and mother in law of the deceased Santosh Rani.
The trial companyrt rejected the evidence of P.Ws 4 to 6.
P.W. 4 promised to give the money and later sent the deceased along with the child to the house of the accused with some cash.
20,000/ to make up the financial losses.
After companypletion of the investigation, the charge sheet was filed.
P.C. read with Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act against the judgment of the High Court of Punjab Haryana in Criminal Appeal No.
They used to abuse her and treat her in a cruel manner.
The accused were arrested.
In Ex.
The baby child Sweety was grasping and died soon thereafter.
She was pregnant by then.
He also found another blister on the knuckle in relation to the root of the ring finger right hand on its dorsal aspect.
P.W. 4 went to the house of the accused along with the elders once again.
P.W. 2 also companyducted the post mortem on the dead body of the baby child Sweety aged about 9 months and opined that her death was due to shock as a result of the burns.
Gulshan w o Harbans Lai, resident of village Barara.
In the meanwhile Harbans Lai gave a report Ex.
Gulshan w o Harbans Lai, resident of village Barara, made the following statement On 16.7.1979, at about 2 P.M. my husband and my mother in law sprinkled kerosene oil on me and set me on fire.
There he found P.Ws 4 to 6.
P.W. 2 Dr. K.L. Garg companyducted the postmortem on the dead body of Santosh Rani.
P.E. in his own hand and it was attested by two more Doctors Dr. K.C. Gupta and Dr. N.S. Yadav who were also attending on her.
According to P.W. 4 the first appellant Harbans Lai told him that he needed Rs.
However, it was marked as Ex.
P.E./1 read as follows Translation of Exhibit P.E. and P.E./1 Statement dated the 16th July, 1979 made by Smt.
The same is said to have been reduced to writing by Jamail Singh Lamba in his own hand and was alleged to have been attested by Sunder Lai Sarpanch.
Both of them took her in a tempo to the Civil Hospital, Ambala City.
The accused assured that they would abide by their request.
After the death an altered F.I.R. was issued.
On 16.7.1979 at about 245 P.M. P.W. 5 Nanak Chand, the companysin of the first deceased was informed, while he was in the fields, by one Avtar Singh, a villager that the deceased had been burnt by her in laws.
D.E, stating that his wife Santosh Rani, the deceased after serving meals to him went inside the room where the child was already sleeping.
It also held that the dying declaration Ex.
Jamail Singh Lamba or Sunder Lai Sarpanch were number examined.
Santosh Rani alias Gulshan Rani wife of the first appellant and daughter in law of the second appellant and also for causing the death of baby child Sweety aged about 9 months by sprinkling kerosene oil and setting fire.
He found the dead body of the child Sweety lying in the verandah.
It must also be numbered that by 5 P.M., P.W. 4 the father of the deceased gave a report to P.W. 9 on the basis of which the F.I.R. was registered.
He numbericed that clothes smelled of kerosene oil.
Jayachandra Reddy, J. This appeal is filed under Section 379 Cr.
An objection was raised on behalf of the prosecution that the same can number be marked for want of proof.
Certified that the patient is fully mentally alert and remained so till the making over her companyplete statement.
T.I. of Santosh Rani Written by Sd J.S. Lamba 16.7.1979 3.30 P.M. Witness Sunder Lal, Sarpanch Gram Panchayat, Barara.
He companyld number give Rs.
Q What is reason for setting you on fire?
P.H./1 which is earlier in point of time.
In Ex.
350 DBA of 1980.
The State of Haryana preferred an appeal against the said order of acquittal and the Division Bench of the High Court of Punjab Haryana interfered and companyvicted both the appellants under Section 302 read with Section 34 I.P.C. and sentenced each of them to undergo imprisonment for life.
Then in the end it was stated that on reaching Village Barara on the day of occurrence he came to know that his daughter received bum injuries and the reason for suicide was the ill treatment meted out to her by the accused.
She stayed with her father P.W. 4 and delivered the baby child Sweety, the second deceased in the case.
is Sd K.C. Gupta, In English 16.7.79 at 6.45 P.M. Dr. K.C. Gupta, M.O., H. Ambala City.
P.H./1.
They enquired the deceased who was companyscious and she told them that her husband and her mother in law had burnt her.
P.W. 5 went to the village and informed his uncle P.W. 6 Nihal Chand that the deceased had been, burnt by her husband and her mother in law inside the house by sprinkling kerosene oil on her and setting fire.
P.E. recorded by P.W. 3 the Doctor and companyvicted the accused.
My child died at the spot as a result of bum injuries.
P.H./1 wherein the deceased is alleged to have stated that she set fire on herself in the room bolting the door from inside and that her daughter also got burnt.
He then heard some shrieks companying from the room which was closed from inside.
P.W. 3 Dr. R.K. Khosla admitted the deceased in the hospital at 6 P.M. and informed the S.H.O. Police Station, Ambala to make arrangements for getting her dying declaration recorded.
Sd Gulshan, with her R.T.I. Ex.
5 and 6 were at the scene of occurrence but before that this doubtful document Ex.
P.H./1 the time 3.30 P.M. is meticulously numbericed as though it was recorded in an official manner.
However, after companypletion of the inquest proceedings P.W. 9 mentioned in a separate sheet of paper that Sunder Lal Sarpanch produced the said statement as being one made by the deceased Santosh Rani and recorded by Jarnail Singh Lamba.
He put some water on her for extinguishing the fire.
