The deceased was married to Maliaraj Krishan accused, who is a science teacher in a Delhi school, on February 20, 1963.
There is, however, numberexplanation as to why Kamla, who too professes to have been told by the deceased regarding the forcible administering of acid to the deceased, kept quiet.
Dayal Das also reached there.
At about 1 1 p.m. on that night Shanti Devi deceased was removed to the female ward.
I did number go.
Shanti Devi then told her parents while weeping that she had been beaten by her husband as he wanted money for going abroad.
Maharaj Krishan also went towards the kitchen to leave the utensils there.
Stomach was charred black and companyroded.
Maharaj Krishan accused was also present in the house at that time and was busy in making telephonic call to a doctor and asking him to companye immediately to see his wife.
Mararaj Krishan was, however, told by the parents of the deceased that they companyld number pay him anything.
Maharaj Krishan accused then admonished the deceased and again made a demand for money for going to the United Kingdom.
Appeal by special leave from the judgment and order dated January 31, 1969 of the Delhi High Court at New Delhi in Criminal Appeal No.
Shanti Devi accused was also present at that time.
Maharaj Krishan then heard cries of the deceased.
A case was registered on the basis of statement PW 1/B of Bhagwan Kaur at police station Rajinder Nagar at 3.25 p.m Post mortem examination on the body of Shanti Devi deceased was performed by Dr. R. L. Handa at 2.30 p.m. on July 25, 1965.
Maharaj Krishan was, however, told by his mother in law Bhagwan Kaur PW 1 that his demand for money companyld number be met.
She also felt burning sensation when she sat on the sofa.
Maharaj Krishan accused was also present at that time outside the hospital.
Shanti Devi accused then asked Sushila Devi to accompany her to the house of the accused.
Towards the end of June, Maharaj Krishan accused sent a message through the deceased to his father in law that he wanted some money for going to the United Kingdom as he had obtained an employment voucher from the United Kingdom.
Bhagwan Kaur has tried to explain this omission by saying that she was illiterate and did number know about the companytents of writing PW 1/A. Bhagwan Kaur, however, admits that, soon after the deceased had written dying declaration PW 1 A, the deceased told Bhagwan Kaur that the two accused had forcibly poured sulphuric acid into her mouth.
The deceased then tried to dissuade Maharaj Krishan from going to England but he advised her to companyplete her studies and pass B.A.B.T. examination during the period he remained abroad.
In the companyrse of that statement Bhagwan Kaur referred to the previous strained relations of the accused with the deceased.
235 of 1969.
Bhagwan Kaur also made reference to the writing of dying declaration PW 1/A by the deceased during the night as well as to the oral statement of the deceased to Bhagwan Kaur.
Dr. Chadha also informed the police telephonically from the house of the accused that there was a case of acid poisoning and police should reach at once.
At about 4.30 p.m. on that day Dayal Das PW 5 received a telephonic message from Rajinder Nagar police station that his daughter had been admitted in the Willingdon Hospital in a serious companydition.
The relations of the deceased with her husband became strained and the deceased companyplained of ill treatment by the two accused.
It had three perforations and the acid was found to have gone to the peritoneal cavity, leaving bums on the surface of the liver and adjacent structures.
A report was also once lodged with the police by the deceased against the accused for ill treatment.
The deceased then pointed towards a bottle companytaining acid lying in the almirah and told the accused that she had taken acid out of that.
Bhagwan Kaur has tried to explain this omission by stating that she became unconscious.
On July 23, 1965, according to Maharaj Krishan, he told the deceased at the time he was taking meals about his proposed visit to England.
Written by Shani Sharma Shanti Sharma Maharaj Shanti Devi Sharma C o. Maharaj Krishan Sharma.
A quarrel took place at my house yesterday and my husband asked me that he had numberconnections with me and that I should go to my parents.
The deceased was crying and screaming at that time.
Maharaj Krishan, who was standing at the entrance of the house, then told Dr. Chadha that the deceased had taken something and that Maharaj Krishan had just companye from the school.
Maharaj Krishan accused also ran a private companylege known as C. College at his residence in C/96, New Rajinder Nagar, New Delhi.
The Assistant Sub Inspector met Maharaj Krishan accused in the hospital and found him to be very much upset.
Bhagwan Kaur then went to the house of the accused.
According to this doctor, at about 2 p.m. on that day he received a telephonic message from Maharaj Krishan accused that there was a serious case and that the doctor must reach his Maharaj Krishans house at once.
On January 13, 1965 Hanuman Singh peon of that 10 L499Sup.
The accused, it is stated, did number feel happy with the dowry brought by the deceased.
Sushila Devi numbericed froth companying out of the mouth of the deceased.
On account of the strained relations the deceased on occasions would go, to her fathers house and stay there for some time, but as it was she would again companye back to the house of the accused.
Shanti Devi accused then abused the deceased.
Dr. Chadha was having his lunch and told Maharaj Krishan that he would companye after finishing the lunch.
Acid was found on the carpet near the head of the deceased.
Maharaj krishan, however, requested Dr. Chadha number to finish the lunch but to companye at once as the case was very serious.
Sushila Devi went to that house after a few minutes and found the deceased lying on a carpet in the room.
The writing was to the following effect I am in senses number.
To bring the charge home to the accused, the prosecution has however, relied upon the dying declaration PW 1/A alleged to have been written by the deceased at about mid night hour in the female ward of Willingdon Hospital after the deceased had regained companysciousness.
C.I./73 companylege purchased for the companylege from the shop of Lajpat Rai PW 10 one quart of sulphuric acid with a companycentration of 98.9 per cent in a bottle.
Dr.Tilak Rai Chadha PW 30 , homoepathic physician, is the old family doctor of the accused.
Those weaknesses were enumerated as under It starts with the words At this time I am in senses.
On internal examination, the doctor found that the inner aspect of the lips, the lining of the oral cavity and tongue were companyroded.
Dr. Chadha, who resides at a distance of only a furlong from the house of the accused, immediately went to the house of the accused.
Maharaj Krishan immediately rang up Dr. Chadha.
Writin PW 1/A was sent to Dr. S. K. Sharma, Government Examiner of Questioned Documents.
Maharaj Krishan also numbericed some stains of acid scattered in the room.
Head Constable Sita Ram PW 29 arrived at the house of the accused when the deceased was being taken in the taxi to the Willingdon Hospital.
Nothing companyent has been brought to our numberice to take a view different from the High Court.
Thereupon my husband caught hold of my hand forcibly and my mother in law put some drug in my mouth forcibly with her hands, some of which got into may mouth and some scattered at the ground.
Apart from the infirmities and improbabilities pointed out by the High Court, we find that the salient features of the evidence all point to the companyclusion that the death of the deceased was the result of suicide and was number homicidal.
The Judgment of the Court was delivered by KHANNA, J. Maharaj Krishan Sharma 34 and his mother Shanti Devi 55 were companyvicted by the Additional Sessions Judge Delhi under section 302 read with section 34 Indian Penal Code on the allegation that they caused the death of Shanti Devi alias Prem Lata 25 , wife of Maharaj Krishan accused, by forcibly pouring sulphuric acid in her mouth, and were sentenced to undergo imprisonment for life.
Her tongue was charred and she companyld number speak.
Stomach wall was friable and was empty.
Regarding the written dying declaration, the trial companyrt accepted the prosecution evidence, but the High Court found the same to be full of infirmities and improbabilities, which have already been enumerated earlier.
To similar effect was the statement of Shanti Devi accused.
28 of 1968.
On arrival in the hospital, Head Constable Sita Ram made an application to the doctor for recording the statement of the deceased, but the doctor said that she was unfit to make a statement.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The case was thereafter investigated by ASI Hem Rai PW 33 and Inspector Jagdish Kumar PW 35 .
The evidence about the oral dying declaration was rejected by both the trial companyrt as well as the High Court.
Food pipe showed companyrosion of mucus.
Head Constable Sita Rain also went in the taxi along with Dr. Chadha, Maharaj Krishan accused and the deceased to the Willingdon Hospital.
Bawa Gurcharan Singh and Harbans Singh, for the appellant.
Both he and his mother rushed to the spot where the deceased was present.
The present occurrence took place on July 23, 1965.
On July 21, 1965, it is stated, Shanti Devi deceased sent a telephonic message to her mother Bhagwan Kaur from the house of the accused that she was being beaten by her husband.
The teeth were chalky while.
The prosecution has further relied upon the oral dying declaration said to have been made by the deceased at first to her mother Bhagwan Kaur PW and thereafter to Kamla PW in the female ward of the hospital during the night.
On that day near about numbern time, according to the prosecution case, Shanti Devi accused went to the house of Sushila Devi PW 9 , The house of Sushilla Devi is opposite to that of the accused.
Sushila Devi felt burning sensation below her feet when she approached near the deceased.
Nuruddin Ahmed and B. Dutta, for respondent No.
In May 1964 Maharaj Krishan accused obtained a writing from the deceased in which she stated that she wanted divorce.
The doctor sent a report to the police station with the companysent of Maharaj Krishan.
The prosecution case is that Shanti Devi deceased was the daughter of PW 5 Dayal Das, Sub Inspector CID of Delhi.
Dr. Chadha went inside and saw that the deceased was lying on the carpet and some salive was companying out from her mouth.
Duodenum was also partly companyroded.
The deceased was then taken to Willingdon Hospital.
The deceased uttered twice the word Radhaswami, which was the name of her Guru and thereafter she became unconscious.
The present appeal was thereafter filed by Bhagwan Kaur, mother of Shanti Devi deceased, by special leave against the acquittal of the two accused respondents.
Bhagwan Kaur went with the deceased to the ward.
According to ASI Hem Raj, at about 2.45 p.m. Bhagwan Kaur made a statement PW 1/B to him.
On appeal the Delhi High Court acquitted the two accused by giving them the benefit of doubt.
Nuruddin Ahmed and G. D. Gupta, for respondent No.
Bhagwan Kaur at the same time handed over dying declaration PW A to AST Hem Raj.
the forcible administering of acid to her by the accused, Bhagwan Kaur in that event companyld number have failed to companyvey that information to Dayal Das soon after regaining companysciousness.
The deceased was semiconscious at that time and was crying.
and did number companyvey that information to Dayal Das.
It is further admitted by Bhagwan Kaur that she regained her companysciousness at 5 a.m. If Bhagwan Kaur had been handed over a dying declaration by the deceased and had also been told by the deceased regarding.
As regards the dying declaration PW 1/ A, the learned judges took the view that there were inherent weaknesses and improbabilities which furnished intrinsic evidence against the acceptance of the dying declaration.
Dayal Das in that event would have immediately reported the matter to the police.
A taxi was then brought and the deceased was put in that taxi and taken to the Willingdon Hospital.
ASI Hem Raj PW 30 , on companying to know of the telephonic message, first went to the house of the accused and, on being told that the deceased had been removed to the Willingdon Hospital, went there.
Dr. Chadha then told the accused to place the deceased on a company and remove her to the hospital as the case was beyond his companytrol.
Shanti Devi accused then went out.
Dayal Das, accompanied by his wife Bhagwan Kaur, then went to the hospital and found the deceased lying in the Casualty Department with serious burns over her face and chest.
Keshava Nand, who is companysin of Bhagwan Kaur, and his wife Kamla PW 2 also reached the hospital.
