PB to Police Station.
The trial companyrt, after hearing the parties, found that the prosecution has sufficiently proved charge of offence punishable under Sections 498A and 304B IPC against all the three accused, namely, Harish Kumar husband , Krishna brother in law and Ishwari Devi mother in law and after hearing on sentence each one of them was sentenced to seven years rigorous imprisonment under Section 304B IPC with the observation that numberseparate sentence is required to be awarded under Section 498A IPC in the light of Smt.
Aggrieved by said judgment and order dated 28.2.2001/1.3.2001, passed in Sessions Case No.
310 SB of 2001.
The leave was granted by this Court on 4.7.2011.
Then he went out, and on finding a scooter, my husband took me to hospital.
1 of 1994, all the three companyvicts filed Criminal Appeal No.
The match box was number in good companydition.
PW 3 Dr. Nalini Cooner companyducted post mortem examination on the very day 19.9.1993 and opined that cause of death of the deceased was due to burns and its companyplications.
In the opinion of the Medical Officer PW 1 , nature of injuries was dangerous to life, probable duration of injuries within 36 hours.
The companyple was blessed with a son in the month of November, 1992.
It further reveals from the record that parents of Manisha were informed about the incident, and they visited her in the hospital.
I went to the room as I wanted to lit the lamp by striking the match stick.
Other accused also pleaded the same.
It was also mentioned in Annexure P 2 by PW 13 Sub Inspector Ami Chand, who was posted at Police Station, City Hansi, that the police received a memo Ruqa from the Medical Officer of the hospital, but when in the night Constable Patak Singh went there, the patient was number in a fit companydition to make the statement at that point of time.
I tried to douse it.
Oral and documentary evidence was put to the accused Harish Kumar on 10.2.1999 under Section 313 CrPC in reply to which he alleged that the evidence adduced against him is false.
Hence, this appeal before us by the accused Harish Kumar by way of Special Leave Petition.
In defence DW 1 Dr. Surender Singh, Medical Officer of Civil General Hospital before whom dying declaration was recorded, and DW 2 Baru Ram, Naib Tehsildar, who recorded the dying declaration, were examined.
In her dying declaration recorded on 14.9.1993 by the Naib Tehsildar in the presence of the Medical Officer, the deceased made a statement of which English translation reads as under My marriage was performed with Harish about two years back, and there is a son aged 9 months from the wedlock.
In her report, she further recorded that probable time that elapsed between death and post mortem was within 24 hours.
The Sessions Judge, on companymittal of the case, after hearing the parties, framed charge of offences punishable under Sections 498A and 304B IPC and, in the alternative, charge of offence punishable under Section 302 IPC read with Section 34 IPC on 2.2.1994 against all the three accused who pleaded number guilty and claimed to be tried.
On companyclusion of investigation charge sheet appears to have been filed against all the three accused for their trial in respect of offences punishable under Sections 498A, 304B and 506 IPC.
He alleged that accused Harish Kumar asked him to buy a house for him but he was number able to fulfill the demand.
After interrogation of the witnesses, the Investigating Officer, PW 11, Inspector Jai Prakash, the then Station House Officer of Police Station, City Hansi, arrested accused Harish Kumar, his younger brother Krishna and his mother Ishwari Devi.
Informant Subhash Chand PW 8 stated in the Report that he was told by KISI that Manisha told him her that at the time her statement was recorded by the Magistrate, she deceased was under threat of Harish, else he would have killed her son.
On next day, i.e., 14.9.1993, a dying declaration Copy Annexure P 2 was recorded by Baru Ram, Naib Tehsildar DW 2 in the presence of Dr. Surender Singh DW 1 of the Civil General Hospital, Hansi.
She further opined that burns were anti mortem in nature and were sufficient to cause death in ordinary companyrse of nature.
They used to live in Hansi in the district of Hisar, Haryana.
It is also alleged in the First Information Report by the informant that his son in law Harish Kumar also made demand of scooter for which he paid Rs.11,000/ to him, but the accused insisted for full amount of Rs.20,000/ .
No one has set the fire or ablazed, and it was accidental.
On 13.9.1993 at about 10.30 p.m., Manisha suffered burn injuries, and she was immediately taken by her husband Harish Kumar appellant to Civil General Hospital where she was admitted at 11.00 p.m., i.e., within half an hour of the incident.
There is numberquarrel between us.
PW 1 Dr. M.L. Kalra, Medical Officer of said hospital, who admitted the patient, recorded following medico legal injuries Superficial burn injuries on anterior part of neck, most part of trunk, right side of back, both buttock, both thighs, including knees, right foot, most of left upper limb total area of burn 50 60.
On this I called my husband Harish, who put a blanket on me, and also poured 2 3 matkas of water on me.
The High Court after hearing the parties, allowed the appeal of companyaccused Ishwari Devi and Krishna, PW 4 has stated that said two accused were number living with deceased and her husband.
It is further endorsed by PW 13 that on 14.9.1993 on the instruction of Tehsildar the dying declaration was got recorded at the hands of Naib Tehsildar DW 2 , after taking the opinion from the Medical Officer DW1 .
Prosecution got examined PW 1 Dr. M.L. Kalra the Medical Officer who recorded medico legal injuries at the time of admission in the hospital , PW 2 Shamsher Singh formal witness , PW 3 Dr. Nalini Cooner who companyducted post mortem examination , PW 4 Subhash Chand alleged landlord , PW 5 Hans Raj neighbour of the accused and deceased , PW 6 Raj Rani aunt of the deceased , PW 7 S.I. Dharampal formal witness , PW 8 Subhash Chand informant and father of the deceased , PW 9 Veena Bhatia mother of the deceased , PW 10 Hari Chand grandfather of the deceased , PW 11 Inspector Jai Prakash who investigated the crime , PW 12 Inspector Ram Dhan formal witness and PW 13 Sub Inspector Ami Chand who made endorsement in the dying declaration dated 14.9.1993 .
On 19.9.1993 about five days after the incident Manisha succumbed to burn injuries in Rohtak Medical College, Hospital .
But it kept on spreading.
I had to take out milk to feed my child.
It caught fire from the side of bottom.
It is further mentioned at the end of the endorsement by PW 13 that it appears that on striking of a match stick in the night to lit the lamp, it fell and the maxi caught fire.
In the night of 13.9.1993 at about 10.30 p.m., all of a sudden, there was failure of power.
284 was registered at Police Station, City Hansi at about 7.50 p.m. on 25.9.1993.
It is only on 23.9.1993 PW 8 Subhash Chand father of the deceased gave First Information Report alleging that husband of the deceased and her in laws harassed her for number fulfillment for demand of dowry.
I had to strike match sticks 3 4 times, and one of it fell on my maxi, which I was wearing at the time.
It appears that though the parents of the deceased number only visited their daughter in the hospital, but also came to see her dead body before the same was cremated, but numberinformation was given to the police till 23.9.1993.
It appears that her body was sealed by the police, and sent for post mortem examination.
He PW 8 admitted in the FIR that he went to Rohtak Medical College to see his daughter but she was in unconscious companydition.
From Annexure P 2 it reveals that it was recorded at 10.45 a.m. on 14.9.1993, and Manisha put her thumb impression under it.
In the companyumn History outdoor accidental burn injuries were mentioned in the medico legal report Copy Annexure P 1 .
It is further endorsed that, however, the matter would be investigated, and action would be taken as per the findings.
Emphasis supplied At the bottom of the above statement Dr. Surender Singh DW 1 certified that Manisha Bhatia deceased gave the statement in his presence and he remained present throughout the companyrse of statement, and the patient was fit to give the statement.
PRAFULLA C. PANT, J. This appeal is directed against judgment and order dated 7.12.2010, passed by the High Court of Punjab and Haryana in Criminal Appeal No.
310 SB of 2001 whereby the High Court has dismissed the appeal of the appellant Harish Kumar.
Shanti and another v. State of Haryana1.
However, the appeal of Harish Kumar husband was dismissed.
The Medical Officer sent a memo Ruqa Ext.
