Sarpanch Dharam Chand P.W. 3 though admitting that he had recorded the statement and signed it along with the others gave a twist in the companyrse of evidence suggesting thereby that the had prepared the report on what the ladies questioned and as it Sharda had told him.
10 by the Sarpanch Dharam Chand P.W. 3.
He also numbericed that Sharda had extensive burn on her body and she was quite companyscious and able to speak.
All these injuries were found to be ante mortem.
Most of them deliberately avoided supporting the prosecution P.W. 1 Amritlal who had signed the statement and had also made his report at the outpost in accordance with that statement turned hostile and denied having heard the dying declaration or even having made the report Ext.
10 which was prepared by the neighbours who had companye to the house on hearing the cries, numberless than six persons out of the 14 persons who were signatories to the statement, were e xamined.
Thereupon she told him that she was burnt by her father in law Lallubhai, mother in law Bai Nathi and brother inlaw Jayantilal after sprinkling kerosene on her.
At the instance of the Medical Officer Dr. Keshavlal, he then took Sharda to the Civil Hospital round about 6.00 p m. Her companydition at that time was very bad.
Her voice was number feeble.
The present appeal has been filed by special leave.
On hearing what the girl had stated within their hearing, the Sarpanch of the village, Dharam Chand, P.W. 3 prepared statement Ext.
The letter has specifically referred to the criminal companyplaint against him and informed the family members about the changed attitude of Arunas relations.
5 Pieces of clothes stuck to the body and black threads tying the hairs of the head were companylected at the post Mortem Examination.
It is in evidence that Aruna also used to write letters to the members of her husbands family.
The action of Amritlal seems to have met with the approval of his parents which we know from a letter written by Amritlal on 8 4 1968 Ext.
The third dying declaration is to be found in the statement of the Head Constable Samatsingh, P.W 19 who says that when he asked Sharda as to what had happened, she told him that her husband had companytracted a second marriage and her mother in law Bai Nathi, father in law Lallubhai and brother in law Jayantilal had burnt her after sprinkling kerosene on her.
In 1967 they decided to marry but as Amritlals wife was living, they companyverted themselves to Islam and thus overcame the obstacle to marriage Thereafter Amritlal and Aruna married on 16 11 1967 at Bombay and lived together as husband and wife.
He did number also visit his father in laws house at Mau.
The same letter further shows Amritlal general attitude towards his first wife Sharda.
Her husband Amritlal had been living in Bombay to earn his livelihood since before his marriage.
According to Dr. Pandya the burns were so extensive that they were sufficient in the ordinary companyrse of nature to cause death The principal evidence against the accused companysisted of the dying declarations made by Sharda from time to time.
At about 10.00 A.M. on 18 4 1968 i.e. about a week after the letter Ext.
9 to the effect that the three accused had, after beating Bai Sharda, sprinkled kerosene on her body and set fire to her clothes.
Some other persons went to the Medical Officer Dr. Keshavlal whose headquarters were also at Chitroda.
We do number know the nature of the quarrel But it was number a serious one.
Amritlal obtained a Jeep and went to the Police outpost at Chitroda which is two miles away.
The results numbericed by him were as follows.
First there was the dying declaration recorded as per Ext.
In or about 1964 65, Amritlal started giving tuition to one girl named Aruna in Bombay and in companyrse of time formed an attachment for her.
She was the daughter of one Kachralal Kevaldas P.W. 10 who lived in another village Mau which is about 7 or 8 miles from Poshina.
She was speaking in a very low voice and it was number possible to follow her.
With a touch of sarcasm, he companypliments his parents for giving shelter to Sharda due to social pressure.
The letter reveals that Amritlal hated Sharda because he tells his father that if the matter were left to him, he would number have allowed Sharda to companye to the house, let alone allow her to enter the kitchen.
Arunas brother there after filed a companyplaint at Bombay against Amritlal, but by about the first week of April, 1968, Arunas relations were won over and numberhing happened in the criminal case.
24 was received by the accused, there was a quarrel between the mother in law Nathi Bai and Sharda.
Sharda was living at that time with the accused having returned from her fathers house a few months earlier.
At the relevant time, the deceased Bai Sharda was about 22 years old and was also living with them.
The Head Constable there after proceeded to village Poshina.
Lallubhai is the father of Jayantilal and Bai Nathi is his wife.
9 which he had signed.
During all those six years of the marriage, Sharda lived sometimes with her father and sometimes with the accused.
There was numbershock.
He reached the house of the accused at about 4 15 P.M. He directly went to the place where Sharda was lying.
The hairs on the head were practically burnt.
Face, legs, eyes, cheek, shoulders, chest, abdomen, neck, back of chest, both things, and buttocks, lower part of the abdomen and genitals, both knees and calves of legs were burnt and found black.
Together they lived in a house near the Jain Temple in village Poshina in Idar Taluka, District Sabarkantha.
In the meantime Dr. Keshavlal P.W. 15 having learnt that Bai Sharda had received burns, came to Poshina in a Jeep.
She said Save me, Save me.
38 records the statement made by her to the effect that Shardas father in law, mother in law and brother in law had sprinkled kerosene on her and set on fire.
The village is a small village with a population of about 1500.
38 the case papers, in companyroboration of his evidence.
Neither the signature number the thumb impression of Sharda companyld be taken below the writing because that was number possible as the palms of her hands were burnt.
Sharda had been married to another son of Lallubhai named Amritlal in about 1962 63.
Her voice was clear.
On a statement made by Amritlal to him, he prepared an occurrence report Ext.
Head Constable Samat Singh P.W. 19 was in charge of the Police outpost.
In short, Sharda had been abandoned by her husband Amritlal.
The second time when Sharda made the statement was when Dr. Keshavlal questioned her.
Both the palms with fingers had also burns and blisters.
The occurrence report was signed by P.W. 1 Amritlal who was instructed by the Head Constable to proceed to the Police Station at Jadar which was about 10/12 miles away.
He carried out whatever medical examination was possible and since the case was serious he recommended that she be taken to the Civil Hospital at Himatnagar, By this time, Head Constable Samat Singh had also arrived at that place.
With regard to the first dying declaration Ext.
He was related to Lallubhai, accused No.
After signing the writing, Amritlal and some others left she village to fetch a Doctor and to inform the Police.
38, prepared the same day.
He asked her what had happened and, according to the witness, she told him that her husband had companytracted a second marriage and that her father in law, mother in law and brother in law had burnt her after sprinkling kerosene on her.
Though Sharda was betrothed to Amritlal for many years before the marriage the marriage seems to have been a failure because Amritlal did number show any affection for her He used to companye from Bombay to Poshina once in six months or a year for a stay of one or two days and did number think of taking her to Bombay.
10 and the same was signed by about 14 persons including P.W. 1 Amritlal.
Smell of Kerosene was found Body had blisters which had burst and from head to legs she was blackened.
He numbericed that her body had been extensively burnt and the case was very serious.
On seeing the Doctor, Sharda implored him loudly save me, Save me.
A large crowed had companylected and one of them was Amritlal Manga Lal, P.W. 1, Amritlal was a relation.
The second and the Third declarations have been proved by Dr. Keshavlal and Head Constable Samat Singh respectively and Dr Keshavlal produced Ext.
It was signed by numberless than 14 persons who had companye to the place immediately after hearing Shardas cries.
He had prepared rough numberes at the time which he later transferred to the case papers Ext.
He casually asked her as to how she got burnt.
1, as his brothers son and he was also related to Sharda who was the daughter of the maternal uncle of Amritlals wife.
She was number unconscious.
He started giving treatment to her and intimated the Police Section at Himatnagar to arrange for recording her dying declaration.
The Gujarat High Court companyfirmed the companyviction and sentence in appeal.
G. Palekar, J. The appellants 1 Lallubhai Devchand Shah 2 Jayantlal Lallubhai Shah and 3 Bai Nathi were companyvicted by the learned Additional Sessions Judge, Ahmedabad of the offence under Section 302 IPC and sentenced to suffer imprisonment for life.
Before the police companyld arrive, Sharda expired at 6.35 p.m. In due companyrse Dr. Pandya performed the post mortem examination.
