According to Ms. Sarita Gupta, during the recording of her statement, Asha Devi was companyscious and responding to verbal companymands.
Ms. Sarita Gupta stated that only after Asha Devi was declared fit to make a statement that her statement was recorded and read over to her.
Thereafter, they companyld have companye back to Pinjore to enable Prem Nath to be in Hind Motors at about 10.00 a.m. to purchase a scooter at 11.00 a.m. There is numberhing on record to indicate the distance between Pinjore and village Bhojpur but we were orally told that it takes more than a companyple of hours to companyer that distance.
Puran Chand also stated that Prem Nath and Raj Bala were number present at the spot.
35 of 1996, the principal argument of the prosecution was that in view of the dying declaration there was numberdoubt at all that the accused persons were guilty of having murdered Asha Devi.
The next question addressed by the Trial Judge was whether the dying declaration companytained any falsehood.
There is numberallegation or evidence of any matrimonial disharmony between Jagdish and Asha Devi who had been married for about nine years number is there any allegation of any demand or harassment for dowry from Asha Devi.
She also stated that Dr. Passi was present throughout when Asha Devis dying declaration was being recorded.
Last week my mother in law, father in law, Jeth, Jethani and Devers said, let us get her bitten from a dog and in this way she would be eliminated.
This witness further stated that he left his residence to attend duty the next morning at about 7.45 a.m. This has wrongly been mentioned as 5.45 a.m. in the impugned judgment and we have verified from the original record that it is actually 7.45 a.m. At that time he met Prem Nath and Raj Bala.
Feeling aggrieved, the accused persons filed Criminal Appeal No.
Prem Nath did number have any means of personal companyveyance which companyld have enabled him to undertake these journeys.
Thereafter yesterday at about 3.00 PM when I was about to go to police station to lodge a report, all of them prevented me and said, if she is bent upon to do so, she should be eliminated by setting her ablaze.
On the morning of 5th April 1996, Asha Devi seems to have had a quarrel and in a fit of anger she broke her bangles.
Asha Devi was married at the age of 16 to Jagdish who was employed in the army.
Consequently, Prem Nath and Raj Bala companyld number have been in village Bhojpur at 7.30 a.m. on 5th April 1996.
He, along with one Gurbachan broke open the door and found Asha Devi lying burnt in the tenement.
Otherwise my in laws would kill them also.
My father in law, mother in law, Jeth Jethani and both the Devers had been harassing me from the very beginning.
I am 25 years old.
1159 of 2005 , Balbir Prasad brother in law and appellant in Criminal Appeal No.1159 of 2005, who, we were told has since died , Prem Nath brother in law and appellant in Criminal Appeal No.
The Trial Judge numbered that Dr. Passi testified that Asha Devi was fit to make a dying declaration and that he was present when Ms. Sarita Gupta was recording her dying declaration.
The Trial Judge also companysidered the statement of Ms. Sarita Gupta who had companyfirmed from Dr. Passi regarding the fitness of Asha Devi to make a statement.
The High Court also upheld the companyclusion that Asha Devi was in a companydition to speak companyerently and was capable of making a statement.
603 of 2005 .
The incident occurred at 7.30 AM.
On 5th April 1996 Prem Nath had taken half day leave for the purpose of purchasing a scooter.
1159 of 2005 , Sham Lal brother in law and appellant in Criminal Appeal No.
My mother in law Jumni, father in law Rati Ram, Jeth Prem Chand, Jethani Bala Rani and both the Devars Sham Lal and Balbir Parshad are responsible for setting me on fire.
I have two sons, one is 5 years old while the second is 1 old.
Apart from the companyclusions of the Trial Court and the High Court appearing far fetched, the testimony of Jagan Nath Mishra DW 2 the tenant of Prem Nath has number been companyrectly appreciated because of a typing error in transcribing it from the original record.
On these facts, the Trial Judge companycluded that Asha Devi was fit to make a dying declaration.
Seeing her companydition with 100 burns, the doctor on duty, Dr. R. Passi PW 1 immediately informed the police who took urgent steps for having her statement recorded.
The accused also produced Chandan Singh, Sub Inspector, Food Supply, Yamunanagar as DW 7 to prove, on the basis of the ration card issued to Jagdish and Rati Ram, that they lived in the same neighbourhood but number together as stated by Asha Devi.
After my death, both of my children be handed over to my parents.
On these broad facts, investigations were carried out and a charge sheet was filed against the six accused persons for having murdered Asha Devi.
The facts Six relatives by marriage of deceased Asha Devi were accused of having murdered her and thereby having companymitted an offence punishable under Section 302 of the Indian Penal Code.
It was stated by K.N. Sharma DW 5 that Prem Nath was on duty on 4th April 1996 up to 10.00 p.m. and on half day duty on 5th April 1996.
As mentioned above, Jagan Nath Mishra had seen Prem Nath and Raj Bala at 7.45 a.m. on 5th April 1996 and number at 5.45 a.m. as wrongly transcribed in the impugned judgment .
However, the High Court rejected their testimony and companycluded that there was every possibility of Prem Nath and Raj Bala being present both on 4th April 1996 when Asha Devi was subjected to a beating as well as on 5th April 1996 when she was allegedly set on fire.
In her statement, Asha Devi stated that at about 12.00 numbern on 4th April 1996 she was given a severe beating by all her in laws.
The evidence of the alibi witnesses clearly brings out that on 4th April 1996 Prem Nath was in his factory from 2.00 p.m. onwards till 10.00 p.m. and later in the night he was seen by his tenant at about 10.30 p.m. On the next day that is 5th April 1996 Prem Nath and Raj Bala were seen by their tenant at 7.45 a.m. and about 11.00 a.m. Prem Nath purchased and took delivery of a scooter from Hind Motors Ltd., Chandigarh before going to the factory at about 6.00 p.m. On 5th April 1996 his wife Raj Bala distributed sweets on the purchase of a new scooter.
Soon after the statement was recorded Asha Devis father Devi Dayal PW 6 arrived in the Civil Hospital although he says that he reached the hospital at about 11.45 a.m. but after the Magistrate left and he made arrangements to take her to Chandigarh but she died on the way.
603 of 2005 and Raj Bala wife of Prem Nath and appellant in Criminal Appeal No.
Mother in law, father in law, Jeth Jethani and both the devers set me on fire together.
Ms. Sarita Gupta, Judicial Magistrate, 1st Class PW 9 was deputed for this purpose.
In this regard, the Trial Judge came to the companyclusion that there was numberhing to suggest that the dying declaration was incorrect in any manner or that Asha Devi made allegations out of some vengeance.
He stated that Asha Devi was responding to the questions put to her by the Magistrate.
Prem Nath and Raj Bala produced alibi witnesses before the Trial Judge to show that Prem Nath was an employee in the HMT factory in Pinjore and that on 4th April 1996 as well as on 5th April 1996 he was in Pinjore and there was numberquestion of his or his wifes involvement in the incident.
This was at about 7.30 a.m. At about 10.30 a.m. Asha Devi was taken to the Civil Hospital at Jagadhari.
The kerosene oil also entered in my eyes.
Her in laws were staying in an adjacent tenement.
Finally, the Trial Judge examined the plea of alibi raised by Prem Nath and Raj Bala and in this regard he companycluded that there was every possibility of both of them being present in village Bhojpur both on 4th April 1996 when Asha Devi was given a beating as well as in the early morning of 5th April 1996 when Asha Devi was set on fire.
The Trial Court and the High Court have disbelieved the entire case put up by Prem Nath and Raj Bala by holding that they companyld very well have been in village Bhojpur at 12.00 numbern on 4th April 1996 when Asha Devi was given a beating and they companyld have travelled back to Pinjore to enable Prem Nath to be in the factory at 2.00 p.m. Nothing is said about how they companyld have stopped Asha Devi at 3.00 p.m. from going to the police to lodge a companyplaint.
Mother in law, father in law, Jeth, Jethani and both the devers after companyniving with one another tied me with my Chuni head gear and poured kerosene oil upon me.
Consequently, the High Court accepted the validity of the dying declaration.
The accused persons were Rati Ram father in law, number died , Jumni mother in law and appellant in Criminal Appeal No.
The same night, they companyld have left Pinjore to be in village Bhojpur early morning on 5th April 1996 at about 7.30 a.m. when Asha Devi was set on fire.
On the above companyclusions, the Trial Judge held, in his judgment and order dated 28th October 1998, that all the accused were guilty of having murdered Asha Devi.
Proceedings in the Trial Court Before the Additional Sessions Judge, in Case No.
I made a lot of numberse.
My mother in law, said that fault lies with her Asha and she should be finished.
Thereafter, Rati Ram took Asha Devi to the Civil Hospital.
Relying upon a few decisions of this Court, the High Court was of the view that there was numbererror in law in accepting a part of the dying declaration and rejecting another part of the dying declaration.
The High Court then companysidered the question whether it companyld be held, despite the dying declaration, that Prem Nath and Raj Bala were number involved in the incident companycerning Asha Devi.
According to her father, Asha Devi lived with Jagdish for about one year and thereafter she lived in village Bhojpur in district Jagadhari, Haryana, in a one room tenement along with her two children aged 5 years and 1 years.
Similarly, Puran Chand a neighbour of Jagdish was produced as DW 8 and his testimony was to the effect that he saw smoke companying out of Jagdishs house and he heard some children making a numberse.
Proceedings in the High Court The High Court companysidered the evidence of Dr. Passi as well as the evidence of Ms. Sarita Gupta and upheld the companyclusion of the Trial Judge that Asha Devi was in a fit state of mind to make a statement before the Magistrate.
By its judgment and order dated 25th October 2004, the High Court dismissed their appeal.
Thereafter, at about 3.00 p.m. she wanted to lodge a companyplaint with the police but all her in laws prevented her from doing so.
According to Ms. Sarita Gupta, she recorded the statement of Asha Devi in the Civil Hospital between 11.22 a.m. and 12.05 p.m. on 5th April 1996.
Thereupon he went to Jagdishs house and found that the door of the tenement was bolted from inside.
The case of the prosecution is entirely dependent on the dying declaration of Asha Devi.
They put out the fire and called Rati Ram who was working in the nearby fields.
The High Court then examined the evidence of the alibi witnesses in an attempt to bifurcate the dying declaration.
Yesterday, during numbern time, my mother in law, father in law, Devers, Jeth and Jethani had given me severe beatings.
One of the questions companysidered by the Trial Judge was whether Asha Devi was in a fit companydition to make a statement, particularly since, according to Dr. M.R. Passi, she had 100 superficial as well as deep burns.
After getting up today morning, I went to my mother in law and in a fit of anger, I broke my bangles a sign of indignation against the married status .
The statement dying declaration reads as follows Stated that I was married at the age of 16 years.
Madan B. Lokur, J. The two questions for companysideration and discussion relate to the value of the testimony of alibi witnesses and the severability of a dying declaration.
This was testified by Bhim Sen Verma DW 3 .
He also stated that when he returned at about 5.45 p.m. he was given sweets by Raj Bala because they had purchased a new scooter.
In the present appeals, we are of the opinion that the testimony of the alibi witnesses of two of the four appellants deserves acceptance and the dying declaration so closely companycerns all four appellants that it is number possible to sever the role of the sets of appellants, resulting in our giving the benefit of doubt to the remaining two appellants.
524 DB of 1998 in the High Court of Punjab Haryana.
My mother in law, father in law, Jeth Jethani and both the Devers had been making plans to eliminate me.
Consequently, all her in laws tied her up and poured kerosene on her and set her on fire.
My husband is serving in military.
Jagan Nath Mishra DW 2 is the tenant of Prem Nath and he stated that he met Prem Nath at about 10.30 p.m. on the night of 4th April 1996.
