At about 1.00 P.M. , on that day, Shri K. Sharma , II class Judicial Magistrate PW 7 went to the Sadar hospital and recorded her dying declaration Exh.2 wherein she stated that her husband had burnt her.
Shivratri Devi, by causing burn injuries and sentenced him to imprisonment for life after trying him for offences under Section 377 IPC, for companymitting sodomy with PW 2, and under Section 302, IPC for intentionally causing death of his wife on November 13, 1985.
DW 1 spoke that the relation between the deceased and the appellant were companydial.
Dr. Kanaujiya proceeded to his house.
Thereafter, he went to the house of Dr. Mohan Kanaujiya PW 8 who was residing behind the Jharia P.S. and informed him that his wife had suffered burn injuries.
Dr. Roy Sudhir Prasad PW 5 assisted by Dr. D.K. Dhiraj PW 9 companyducted postmortem examination on her dead body.
207 of 1987 R on August 5, 1988.
He opined that the burn injuries were of first degree and were cause of her death and that the death was homicidal but number accidental.
80 of 1986, for an offence punishable under Section 302, IPC for companymitting the murder of his wife, Smt.
After securing the car of S.I. Kanhaiya Updhyay PW 6 , they sent her for treatment to Sadar Hospital, Dhanbad, where she was admitted as an in patient.
2 and 6, however, turned hostile at the trial of the appellant.
Shivratri Devi.
The learned II Class Judicial Magistrate PW 7 stated that pursuant to the order of Sub Divisional Judicial Magistrate, on November 16, 1985 he recorded the dying declaration of Smt.
On the same day, PW 11 requested Sub Divisional Judicial magistrate, Dhanbad, to record the statement of Smt.
The companyviction of the appellant was upheld by the Division bench of Patna High Court in Criminal Appeal No.
At about 8.00 M., on November 13, 1985, after throwing kerosene oil on her person, he set fire to her and thus caused burn injuries.
Against that judgment of the High Court, he filed this appeal by special leave.
DW 2 also said about their companydial relations and added that he and the appellant poured water on the body of the deceased when she caught fire.
PW 3 and PW 4, found among other things, the main gate of the quarters locked and when PW 6 companyld number get the keys from the appellant, the door of the house was broken and they entered the house.
Her dying declaration was recorded by the police officer but if was number in question answer form and it was number certified by the doctor to the effect that she was in a fit companydition to give the statement though it was number certified by the doctor to the effect that she was in a fit companydition to give the statement though it was merely attested by him.
His defence was on of denial however, he took the plea that when Shivratri Devi went for igniting the oven insides the kitchen, she caught fire accidentally.
On the following day she succumbed to the injuries.
The appellant was working as the officer in charge, Tisra P.S. in November, 1985 but was residing with his family in the quarters allotted to him at his former place of posting within the companypound of Jharia, P.S. He had a servant, Narsingh Kumar PW 2 , aged about 16 years, with whom he was indulging in carnal intercourse which led to strained relations between him and his wife.
He issued postmortem report Exh.
PW 5 has stated that the scalp hair of the deceased was burnt upto the roots in both parietal areas in 6 3 1/2 and faint smell of kerosene oil was present on the scalp.
On 16.11.1985, the Inspector P.N. Ram PW 11 companyld find PW 2 to record his statement and F.I.R. was got lodged through him.
Hearing about this, the neighbors, Tribhuban Jha PW 3 and Anirudh Prasad Singh PW 4 also came to the quarters of the appellant.
The High Court took the view that companyroboration of the dying declaration, was necessary and on the question whether the companyduct of the accused in absconding and being arrested in suspicious circumstances, would be enough to companyroborate the dying declarations, certificate under Article 134 1 c was granted by the Bombay High Court.
He examined three witnesses, DWs.1 to 3.
Paridhan Yadav DW 1 is the appellants father in law and Rajnath Yadav DW 2 is appellants brother in law .
Main Jyada nahin kah sakti hoon Kyon ke bahut pyass lagi hai.
