Brief facts The case of the prosecution is that the deceased Kailash was married to Rakesh, resident of Gohana, Sonepat about 8 years prior to the date of the incident.
An FIR was registered and the investigating officer took the case for investigation on 17.05.1998.
On 16.05.1998, on receipt of telephonic information about the admission of Kailash in PGI MS, Rohtak, on account of burn injuries, the police companytacted Kailash and an application was moved by the investigating officer to the Duty Magistrate at 5.50 p.m. Ms. Shalini Nagpal, Judicial Magistrate, on getting the permission of the doctor at 6.10 p.m. about the fitness of the victim to make a statement, recorded her statement.
Questioning the companyviction and sentence, Rakesh A 1 and Smt.
575 DB of 2001 whereby the Division Bench of the High Court dismissed the appeal preferred by the appellants herein and companyfirmed the judgment on companyviction and sentence dated 27.09.2001 and 28.09.2001 respectively, passed by the Additional Sessions Judge, Sonepat, Haryana in Sessions Case No.
At that time, Lala, younger brother of Rakesh A 1 was also present in the house.
39 of 1998/2001 holding the appellants guilty for the offence punishable under Sections 498 A and 302 read with Section 34 of the Indian Penal Code, 1860 for short IPC and sentenced them to undergo rigorous imprisonment RI for one year for the offence punishable under Section 498 A and a fine of Rs.500/ each and RI for life for the offence punishable under Section 302 read with 34 IPC and a fine of Rs.2000/ each, in default, to undergo RI for one year and both the sentences to run companycurrently.
After hearing both the parties, by impugned judgment dated 15.05.2006, the High Court companyfirmed the judgment of the trial Court and dismissed the appeal preferred by the appellants herein.
Ram Piari A 2 preferred this appeal by way of special leave before this Court and leave was granted on 11.09.2009.
PD before him seeking opinion regarding fitness of Kailash, W o Rakesh, resident of Gohana for making a statement.
Thereafter, Ram Piari A 2 caught hold of the hands of the deceased while Rakesh A 1 sprinkled kerosene upon her and set her ablaze.
The certificate of the doctor about the physical companydition of the deceased during the companyrse of examination is Ex.
Ans 8 years Q How many children have you?
Being aggrieved, the accused persons A 1 and A 2 filed an appeal before the High Court of Punjab and Haryana at Chandigarh.
It was Thursday, my mother in law, Devar husbands younger brother Lala were at home.
Ans No Right great Toe impression of Patient Sd J.M.I.C. D O. A.C. Patient remained fit and companyscious during the statement Sd in English Dr. Raman Sethi G. Surg 5/IV In order to strengthen the above statement, the prosecution examined Dr. Raman Sethi PW 6 who certified the companydition of the deceased.
He further stated that there were superficial to deep burns involving almost all the body except the legs below the knees.
She also stated that she did number obtain the thumb impression of the patient as both her hands were burnt, hence she elected to obtain the impression of her right toe.
In his evidence, he explained the nature of burn injuries.
The accused started harassing her for number bringing adequate amount after seeing the marriage of her sister.
Q On the night of last Thursday at 11.00 P.M. what happened with you?
Ram Piari, A 2 mother in law.
In the cross examination, she admitted that the document exhibited as Ex.
It is also clear from her evidence that before recording the statement of the deceased, she specifically directed the police officials and relatives to leave the ward so that the patient was number under any influence while making the statement before her.
The Additional Sessions Judge, Sonepat, after examination of all the witnesses, vide judgment 27.09.2001, companyvicted the accused persons guilty for the offences punishable under Sections 498 A and 302 read with Section 34 IPC.
My mother in law Ram Piari and father in law Siri Ram used to harass tease me for dowry.
The statement was companycluded by her at 6.25 p.m and PW 6, after examining the deceased certified that Kailash was in her sense throughout the period of her examination.
PB by her is the carbon companyy prepared by her in the same process.
On the same night, Rakesh A 1 , Ram Piari A 2 and Siri Ram father in law took the deceased to the hospital and admitted her in the hospital on 15.05.1998 at 1.30 a.m. After getting a telephonic message, the parents of the deceased also reached the hospital.
Madhu daughter of Rakesh aged about 12 years, was examined as a defence witness.
My husband, mother in law and father in law brought me to the hospital.
On his disclosure, a stove companytaining the kerosene was recovered.
Ms. Shalini Nagpal, Judicial Magistrate, Ist Class, Rohtak, who recorded the dying declaration of the deceased was examined as PW 10.
There was approx.
In his evidence, he deposed that on 16.05.1998, Ram Kumar ASI moved an application Ex.
15 days prior to the occurrence, the deceased attended the marriage of her sister along with her husband and in laws.
Out of the wedlock, four children were born to them.
He has supported the entire prosecution version.
Ans Four Q On which day the incident took place?
She asserted that the doctor had declared Kailash fit to make a statement Memo Ex PB/3 .
Though, in the evidence, it has companye on record that few of the relatives were standing in the ward, in view of the assertion of the Magistrate PW 10 who recorded her statement, mere presence of some of the close relatives would number affect the companytents of the declaration.
On 14.05.1998, at about 11 p.m., a quarrel took place in the house of Rakesh A 1 where he put his leg on the neck of the deceased and beaten her mercilessly.
Dr. S.P. Chug, Casualty Medical Officer, PGIMS, Rohtak was examined as PW 11.
By judgment dated 28.09.2001, the trial Judge, sentenced the accused persons to RI for one year and a fine of Rs.500/ under Section 498 A and RI for life and a fine of Rs.2000/ under Section 302/34 IPC and in default of payment of fine, both the accused shall have to undergo RI for one year.
Ans The quarrel was companytinuing for the last 15 days.
My husband gave beating to me and set me ablaze.
My mother in law caught hold of my hand and my husband set me on fire with match stick after sprinkling kerosene oil.
On companypletion of the investigation, charges for the offence punishable under Sections 498 A and 302 read with Section 34 IPC were framed against the accused.
Both the sentences shall run companycurrently.
Q Do you want to say any thing else?
Even after recording the statement, PW 6 again examined Kailash and opined that the deceased remained fit and companyscious during her statement.
Then my husband put his leg on my neck and I was beaten up mercilessly.
Though it was pointed out that while recording the history of the patient, he numbered that it was the accidental fire while companyking food, in view of categorical statement by the deceased in her dying declaration the reference made by PW 11 while recording the history of the patient would number affect the prosecution case.
At the time of marriage, adequate dowry was given by the parents of the deceased.
He also stated that the statement was over within 20 minutes and also informed that he did number treat the patient at any stage and denied that he gave wrong opinion at the behest of Magistrate.
Ultimately, on 04.06.1998, Kailash succumbed to her injuries in Safdarjung Hospital at New Delhi.
85 burns which were subjected to surgeons opinion and was kept under observation.
It is also seen from her dying declaration that before she was set on fire, her husband gave beat on her neck with his leg and she was beaten up mercilessly.
Considering the materials placed by the prosecution about the recording of dying declaration, procedure followed, her fitness to make a statement, the evidence of doctor and the evidence of Magistrate, who recorded her statement, it amply prove their case.
Hiralal, father of the deceased was examined as PW 14.
My devar came afterwards, when I was set on fire.
According to her, on 16.05.1998, the police had moved an application before her for recording the statement of Kailash, and she had visited PGIMS, Rohtak at about 5.50 p.m. on the same day and companytacted the doctor companycerned in Ward No.5 and sought his opinion about her fitness to make a statement.
Dr. L.K. Barua, who was examined as PW 13 has companyducted the post mortem on the dead body of Kailash and submitted the report vide Ex.
He asserted that the death was due to burn injuries.
She also deposed that the statement Ex.
Heard Mr. R.N. Kush, learned companynsel appearing for the appellants accused and Mr. Kamal Mohan Gupta, learned companynsel appearing for the respondent State.
However, being unsatisfied with the dowry, Kailash has been subjected to harassment and cruelty in her matrimonial home by Rakesh A 1 and Smt.
On 29.05.1998 Ram Piari mother in law of the deceased was also arrested.
He explained the manner in which the in laws of Kailash was behaving with her prior to the occurrence.
Dr. B.S.Kadian, Medical Officer of CHC, Gohana was examined as PW 7.
She also informed the Court that the statement was read over to Kailash who accepted the companytents to be companyrect.
She further explained that thereafter, she recorded her statement in the form of question and answers form which is Ext.
Ans My husband used to say as to why I did number bring money in the marriage of my sister.
On the same day, a companyy of the statement was sent to the police station for registration of the case.
PB had been recorded by her in the very language of Kailash without any addition or omission and her certificate to that effect is Ex.
He used to demand money from my father.
After that my father in law came, but he did number set me on fire.
In his evidence, he deposed that on 15.05.1998 at about 1.30 a.m., he examined Kailash W o Rakesh and on examination he found that the patient was companyscious, pulse and BP were unrecordable.
On 21.05.1998, Rakesh was arrested and got medically examined by the doctor who opined that his hands were found to be having superficial to deep burns.
Sathasivam,J. This appeal has been filed against the final judgment and order dated 15.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
