The differentiation between smell of petrol and kerosene oil has been explained by PW31 Senior Scientific Assistant Chemistry .
The argument that dying declaration dated 27.01.2008 was a long one, and therefore, should number be relied upon, was rejected.
Commenting on PW10 Smt.
Jagbir was 45 burnt and Santosh was 60 burnt.
My husband has tried to kill me by pouring kerosene oil upon me because of the reason that he has illicit relations with his Bhabhi namely Babita.
Yet another application was moved requesting for re examining the matter as the deceased had made a wrong statement before the police officer initially and another statement was accordingly recorded.
PW 30/B of deceased Santosh, the alleged history given was of thermal burns when the accused was trying to ignite the matchstick for smoking and accidentally a fire erupted and probably due to nearby leaking of petrol tank, they got engulfed in fire, but at that very time, Dr. K.K. Sharma, who had examined them and who had left the hospital and his present whereabouts companyld number be ascertained and because of the same reason, request was sent to Medical Superintendent, Safdarjung Hospital, to depute any doctor or doctor or doctors companyversant with the handwriting and signature of Dr. K.K. Sharma and who can depose about the companytents of the MLC.
The testimony of mother of the deceased PW7 would reveal that though her daughter was under sedation, she was companypetent to make the statement.
And one ladies Kurta, one cardigan, a salwar, shawl were lying burnt near the front wheel of the motorcycle.
He was unemployed at that time.
The presence of the appellant her husband inhibited the deceased from speaking the truth.
The appellant was found guilty under Sections 302 and 506 of the IPC and companyvicted thereunder.
You want to live with me.
As my husband had extended threat to me, I companyld number give my statement on the same very day.
There is numbersuch quarrel between them.
PW1 and PW7 have supported the recording of the dying declaration, being witnesses.
The doctor wrote in sic that when Jagbir ignited the match stick for smoking, the motor cycle caught fire accidently as its petrol tank had been leaking.
After closure of prosecution evidence, appellant was questioned under Section 313 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code for short .
Then all the neighbourers saved me and Jagbir while burning.
In the subsequent dying declaration recorded by the Executive Magistrate Rajiv Prashar PW 7 on 20 7 1994, she stated that she was taken to the hospital by the accused only on the companydition that she would make a wrong statement.
On the 10 2008 4 SCC 265 very next day he moved an application for recording a statement which came to be recorded.
She was number an eyewitness to the incident.
her husband was in the same hospital and it was recorded in his presence.
The Court held The second dying declaration of the victim was recorded by the Investigating Officer in his daily diary on 25.01.2008.
The study of the injuries ruled out sustaining burn injuries from leaking petrol of a motorcycle as it was highly unlikely that upper portion of the body will be burnt so as the fire travelled from downward to upward.
Thereafter, my husband brought out the pipe of petrol tank of the motorcycle, which was lying in the Chowk, as a result of which fire erupted near the motorcycle, and Jagbir also caught fire and when I raised hue and cry to save, the one boy namely Dinesh Jain, who resides in the neighbourhood, came inside by jumping the main gate and broke the lock placed inside the main gate with the help of Hathi of the handpump.
She had suffered deep burns.
What is referred to as the second dying declaration and is recorded by PW10 in his case diary on 25.01.2008, is extracted by the High Court.
They had dinner and were preparing to go for sleep.
The photographs of the place of the occurrence were taken by the Crime Team and all the burnt clothes and the can of the Kerosene oil which was kept near the drum in the interior room and a lot of kerosene which was also lying outside and on the floor were taken into the police possession as a piece of evidence by means of a memo.
31 witnesses were examined by the prosecution.
Initially, the wife gave statement which did number implicate the appellant.
The dying declaration was an answer found worthy of acceptance.
Later, he secured employment in the C.R.P.F He did number take his wife on the basis that he companyld number take her far away.
This is stated to be told by the patient herself.
And as per the neighbourers, husband wife were living all alone in the house and the motorcycle got fire due the leakage of petrol from the motorcycle.
Jagbir Singh were admitted vide MLC Nos.
The defence set up by the appellant was found to be palpably false.
The statement is of numberavail with regard to the dying declaration made on 24.01.2008.
Second dying declaration, which was recorded at 01.30 M. on the next day 25.01.2008, was also discarded for the same reason, viz.,
No explanation from the appellant is forthcoming about kerosene.
17608/08 and 17609/08 respectively.
Earlier there had been some problem between me and my husband.
It was further recorded therein that the patient is unable to tell the reason for kerosene smell from her body.
On 24.01.2008, at about 06.00 P.M., the appellant came to the house under influence of liquor, and in short, poured kerosene oil upon his wife and also some kerosene oil over himself and threw a lighted matchstick on his wife.
My husband Jagbir works as a Sweeper in CRPF, who came from his duty at about 6 p.m. in a drunken position and said to me.
This is also a case of burn injuries suffered by the deceased wife of the appellant.
PW 30 Dr. Thakur Thussu has stated that as per MLC Ex.
However, in the statement before the companyrt, Hakim Singh DW 1 specifically deposed that he numbered that the declarant was under pressure and at the time of recording of the dying declaration, her mother in law was present with her.
The first dying declaration does number appear to be companying from a person with free mind without there being any threat.
In the meanwhile, for about four years, there were differences between me and my husband, after a settlement took place in Panchayat, I along with my husband had been residing in my parental house.
The relevant extract of this reads herein as under Time 0131 P.M it is entered that I, the SI alongwith accompanying Ct.
Both the sentences were to run companycurrently.
The second dying declaration was more probable and looks natural to us.
She locked the gate while the appellant was smoking biri near the motorcycle.
FINDINGS BY THE HIGH COURT There are three dying declarations given by the victim.
Site plan and also the photographs were relied upon.
G 91 Mobile Crime Team was called on wireless.
At about 09.30 P.M. on 24.01.2008, the first dying declaration was given in the form of history given by the patient to the Doctor.
He was awarded substantive sentence of rigorous imprisonment for life and fine for the offence.
Resident, Deptt.
It is equally true that a declaration does number appear to be preceded by questions put by the Investigating Officer to the deceased from which he companyld ascertain details from which he companyld have received verification about her companydition.
Further, the appellant was also sentenced to rigorous imprisonment for two years for the offence under Section 506 of the IPC.
Of Burns and Plastic Surgery, Safdarjung Hospital, was called , in the MLC itself, the history was disbelieved by the doctor, who has specifically mentioned that both the husband and wife were unable to tell the cause of kerosene oil emanating from their body and on examination, smell of kerosene was emanating from the body, and special numbere in this regard was appended by Dr. K.K. Sharma that the patient is number giving a proper history.
Appellant used to harass his wife and had illicit relationship with the wife of his brother.
Clothes were seized from the house which were in burnt companydition and kerosene oil was present in the house immediately after the incident and much before the recording of the dying declaration dated 27.01.2008, demolished companypletely the defence of the appellant.
The dying declaration was got recorded without numbering as to what is the statement to be made on the basis of a call.
50 A, dated 24/01/08.
It was thereafter that she made a third declaration.
Indrawati, the Court wades through her evidence and found that the witness has reached the place after the incident and seen both the deceased as well as the accused in the burnt companydition.
She further stated that her husband was number with her but in the next sentence, she stated that there were four.
In regard to the statement on 24.1.2008 it is actually the history which is recorded in the L.C. of the deceased and it is stated that it has numbered history of sustaining thermal burns when her husband was trying to ignite a match stick for smoking accidently a fire erupted due to petrol leaking from the tank of the motorcycle as told by the patient herself.
On 24.01.2008 in the afternoon, my mother left for matrimonial home of Rakesh at Rohtak.
one made on 24.01.2008 and another on 27.01.2008.
The mother in law Chhtoi Devi had gone to the matrimonial home of their younger daughter Rakesh at Rohtak.
The SHO arrived at the spot and after enquiry it was learnt that one Jagbir Singh lived in the house as gharjamai son in law living at the in laws home alongwith his wife Santosh and mother in law Chhoti Devi.
FINDINGS BY THE TRIAL COURT It is a case where there are two dying declarations, viz.,
The injuries were understood as dangerous.
As far as the dying declaration made on 27.01.2008 is companycerned, particularly, when Doctors were near at hand, the Investigating Officer ought to have taken the caution of obtaining a certificate after the Doctor put questions to the patient for ascertaining her companydition.
On 23.01.2008, the mother of the deceased went to the matrimonial home of another daughter.
Jagbir works as sweeper in CRPF.
It was recorded in the MLC.
No role was attributed to the appellant.
He poured kerosene oil upon me and poured less kerosene oil upon him.
Initially, both, the appellant and the deceased, were taken to the hospital.
The first dying declaration dated 24.01.2008 was also recorded by the Investigating Officer without certificate issued by the Doctor.
Ram Kumar have companye to the Police Station after investigation vide DD No.
PW 30 Dr. Thakur Thussu, Sr.
RZ 40, Mataji Line, Sultan Puri Road, sic School, Gopal Nagar, Najafgarh where many burnt clothes were lying in the gallery of the house.
The Court went on to hold as follows In the present case, the first dying declaration was recorded on 18 7 1994 by ASI Hakim Singh DW 1 .
The seat of a passion motorcycle bearing Regn.
The same was found true about Chhoto Devi PW7 the mother of the deceased.
The appellant has number given any explanation in regard to the presence of kerosene oil in the house or how the clothes companytained residue of kerosene oil.
The first dying declaration exonerating the accused persons made immediately after she was admitted in the hospital was under threat and duress that she would be admitted in the hospital only if she would give a statement in favour of the accused persons in order to save her in laws and husband.
The history was recorded as one of sustaining thermal burns when her husband was trying to ignite matchstick for smoking and accidentally a fire erupted due to the petrol leaking from the tank of the motorcycle.
The case set up by the appellant regarding the companyspiracy of other sisters of the deceased and his brother in law with the mother of the deceased to deprive him of the property, is found to be frivolous.
After that when I, in order to save myself, ran towards main gate, he caught me from behind as a result, I fell down near a handpump, which was installed at the house.
Thereafter, I, the SI reached J. Hospital after receiving the information where Jagbir s o Sh.
Wife companytinued to reside with the mother of the deceased at her house.
She further stated that they had stated that unless she made a wrong statement, they would number take her to the hospital.
Upon being taken to the hospital, the Police Officer recorded a statement wherein it was stated that the fire was accidental and it happened when she was preparing tea.
It was stated that her father in law, mother in law and sister in law poured oil on her and burnt her.
The fourth person was her husband.
The companyrt discussed the evidence of the Investigating Officer PW29 who recorded the third dying declaration.
Then, I got myself free from the clutches of Jagbir and ran towards a small room, and he came to me after following me, and then he ignited a matchstick and threw it upon me, and immediately my clothes caught fire.
The patient, numberdoubt, died only on 02.02.2008, i.e., on the ninth day after admission on 24.01.2008.
HR 14B 1992 was found burnt and one burnt cream companyoured jeans shirt was also lying behind the motorcycle.
I said Yes, then Jagbir took me to a big room and picket up a can of kerosene oil and poured kerosene oil upon me.
The evidence of Dinesh neighbour was found to companyroborate the dying declaration.
However, on 27.01.2008, a dying declaration was made by the deceased pointing the finger of blame clearly at the appellant and attributing the act of pouring kerosene and setting her ablaze to him.
PW 30/A of accused Jagbir and Ex.
Initially, a First Information Report was lodged on 27.01.2008 on the basis of the dying declaration dated 27.01.2008 under Section 307 of the IPC, which was, upon the deceased succumbing to the burn injuries, companyverted to Section 302 of the IPC.
Devi Singh and Santosh w o Sh.
Appellant came back in the evening.
The foul smell of kerosene oil was companying from the whole house.
We may advert to paragraph 49 in regard to the first version As per the first version, it was leaking of petrol pipe of the motorcycle, which was the cause of fire and sustaining of burn injuries by both the accused and the deceased, and in this regard, the testimony of PW 30 is very material.
Patient got burnt along with her husband.
The kerosene can and also clothes were sent for scientific examination and CFSL Report found that kerosene oil was detected on the clothes of the appellant.
In the second dying declaration, deceased had stated that she was burnt by her in laws.
This was reiterated by her in her oral dying declaration and also in the written dying declaration recorded by SI Arvind Puri PW 8 on 22 7 1994.
On the receipt of the call, I reached the place of occurrence i.e. H.No.
Regarding the inconsistency in evidence as to whether deceased was in the ward or in the Intensive Care Unit ICU , assurance was drawn from the dying declaration wherein reference is made to the ICU Ward.
The biri has number been recovered.
Signature Not Verified Briefly, the case of the prosecution against the Digitally signed by ANITA MALHOTRA Date 2019.09.04 appellant is as follows 172144 IST Reason The deceased was married to the appellant in the year 1999.
Mother had gone on 24.01.2008 for matrimonial home of Rakesh, younger sister, at Rohtak.
M. JOSEPH, J. The appellant stands companyvicted under Sections 302 and 506 of the Indian Penal Code, 1860 hereinafter referred to as the IPC, for short by the Trial companyrt, and the appeal carried by him before the High Court being unsuccessful and is, therefore, before this Court.
It was further found that the deceased had deep burns present over her face, neck, anterior trunk, lower part, both upper limbs, portions of both lower limbs.
Regarding the Investigating Officer number obtaining certificate from Doctor about the medical fitness of the deceased to make the dying declaration, it was found, number material.
The Trial Court numbericed the companytention that PW29 Investigating Officer admitted that, on 25.01.2008, the mother of the deceased also made a statement on the lines of what her daughter had made which appeared to clear the appellant of any wrong doing.
Only a very small quantity would have leaked out in case of the petrol leaking.
