On this application, orders were passed Ex.
I or any of my family members have never harassed Smt.
P1/A on September 20, 1999.
On the night between 19/20/9.1999, I was at my in laws house at Nizampur, Delhi along with my truck and early in the morning at 4.00 A.M. a telephonic message was received that Smt.
R.M. present in all four limbs.
PW 6, Constable Jagdish Chander got companyducted autopsy of the dead body of the deceased.
PH/1 directing Bhupinder Nath, Judicial Magistrate, First Class, Rohtak to go to the hospital and record the statement.
He proved companyy of the calender Ex.
Four persons were number required to companymit her murder by getting her on fire.
PW 10, Inspector Mohar Singh proved proceedings carried by him under Section 107/151 Cr.
Armed with this order, the Magistrate reached the hospital and recorded the statement of the deceased.
An information was sent by Dr. R.P. Verma to Police intimating admission of the deceased in the hospital.
PB to Police Post, PGIMS, Rohtak, intimating her admission.
This recording was done in the presence of the Doctor who again certified that she had given the statement in a fit state of mind.
P.C. by the Magistrate after having companyplied with the provisions companytained under Section 207 Cr.
The trial companyrt also observed that as per the statement of PW 4, since appellant No.
Investigating Officer also companyducted the spot inspection, prepared rough site plan of the place of occurrence Ex.
The deceased was being harassed by her husband and in laws on companytinuous demand of dowry which companyld number be fulfilled by the parents of the deceased.
PD/2 .
Aforesaid narration stating the manner in which statement of the deceased was recorded clearly brings out that all possible precautions were taken by the companycerned authorities before and while recording her statement.
On companypletion of investigation and other formalities, a report under Section 173 2 Cr.
My marriage was solemnized 20 years before.
On the fateful day, i.e., 20th September, 1999 when the deceased was sleeping in the matrimonial house, her husband Ramesh, Suresh, Saroj and Prem came there.
I have two sons Manjit and Ravinder aged about 16 and 15 years.
Postmortem of the body of the deceased was companyducted.
PH/3, on the basis of which formal FIR was put in black white and investigation was put in motion.
She was subjected to companytinuous physical torture and beatings by her husband, younger brother Suresh, Saroj wife of Suresh and Prem her mother in law .
As per the trial companyrt, the dying declaration of the deceased was also intrinsically weak and was number trustworthy.
They had two sons out of their wedlock, namely, Manjit and Ravinder, 16 and 15 years old respectively.
1 Ramesh was with him at the time of the incident, he had been falsely implicated in the case.
Suresh lighted a matchstick and set her ablaze.
Balraj PW 4 , who is the brother of the deceased had stated during the cross examination that deceased husband Ramesh appellant No.1 had companye to his house and stayed with him on the night intervening 19th 20th September, 1999.
I was living separate from the rest of the family after dispute was settled in May, 1998 as declared by the deceased Smt.
The aforesaid answer by PW 11 was in reply to the question put to him as to whether the deceased was semi conscious when her statement was recorded by him.
Saroj and Prem caught hold of her from her arms and Ramesh sprinkled kerosene on her.
With this, trial began and prosecution examined as many as 14 witnesses.
He did number support prosecution version in respect of occurrence and ultimately he was declared hostile for toeing the line of the defence.
The trial companyrt also took into companysideration the companyduct of other appellants, namely, Suresh brother of Ramesh , his wife Saroj and Prem mother of Ramesh who had taken the deceased to the hospital i.e. PGIMS, Rohtak for treatment.
PW 8, Sub Inspector Rohtash Singh, companyducted initial investigation of this case.
On examination by the doctors in the Post Graduate Institute of Medical Sciences, it was found that she was suffering from 100 burns.
Since identical defence plea was taken by all the accused persons, our purpose would be served in reproducing the statement of Ramesh Appellant No.1 which runs as under I am innocent.
Shri Bhupender Nath, Judicial Magistrate, First Class, Rohtak was assigned this task vide order Ex.
He further deposed that on 20th September, 1999 at 400 a.m., they had received information about the deceased catching fire and on hearing this news, he along with Ramesh had gone to Rohtak, where the deceased was already lying admitted in the hospital.
The said Judicial Magistrate visited the hospital and recorded the statement, which has already been reproduced above.
PH requesting him to depute an officer to record the statement of the deceased.
Wife of Suresh and my mother in law namely Saroj and Prem caught hold.
PW 11, Shri Bhupender Nath, Judicial Magistrate Ist Class, who recorded dying declaration of the deceased, proved the same as Ex.
PW 12, Dr. Neelam Thapar, Medical Officer, General Hospital, Rohtak, being a member of the Medical Board, companyducted autopsy on the dead body of Smt.
PH for deputing an officer to record her statement.
One year before the incident, she was even thrown in a well by her husband and younger brother Suresh but was rescued by the villagers.
Roshni and deposed as under Length of the body was 160 C.M. A mod build and mod numberrished dead body of female, wearing numberclothes having white metal ring in body side 2nd toes.
Thereafter, my devar Suresh lighted stick of matchbox.
Then I was shifted to Medical College by my devar Suresh and my mother in law.
PC of the place of occurrence with companyrect marginal numberes on demarcation by Karan Singh.
P.C. It was ultimately entrusted to the Court of Additional Sessions Judge, Rohtak, for trial.
One year ago after giving beatings to me I was thrown in a well by Ramesh and Suresh.
present.
On receipt of ruqa, he got registered FIR Ex.
Subsequently, in pursuance to his disclosure statement, he got recovered plastic companytainer Ex.
PW 4 had also deposed to the effect that he had a talk with the deceased who disclosed him that she had received burn injuries as an earthern lamp had fallen on her.
PW 3, Sardar Singh father of the deceased , deposed with regard to the companypromise arrived at with the accused Ramesh and others about a year prior to the occurrence in question.
He also sent ruqa Ex.
PW 4, Balraj brother of the deceased , identified dead body of the deceased in the hospital.
Thereafter, the person who had caught hold me and who had set me on fire fled away from the spot.
PW 9, Head Constable Balwan Singh, was a member of police party at the time when accused Ramesh was subjected to interrogation by the Station House Officer Karan Singh and he suffered disclosure statement Ex.
On some occasion they say to bring buffalo and on some occasion they demand money and scooter.
The dead body was also subjected to autopsy by a Board of Doctors.
On this, the Sub Inspector approached the Chief Judicial Magistrate, Rohtak and moved the application Ex.
The doctor declared her fit to make a statement vide endorsement Ex.
The injuries are follows Superficial to be deep infected burns present all over the body except both feet.
PW 2, Constable Jai Chand prepared scaled site plan Ex.
Abdominal wall described.
P.C. against Ram Phal, son of Chandgi, and Ramesh and Suresh, sons of Ram Phal, in pursuance of DDR No.
After companypromise, she was living happily with me.
Nothing else i intend to depose, i am illiterate.
Before this, Ramesh my husband and Suresh gave beatings to me.
PW 1, Dr. R.P. Verma deposed with regard to admission of the deceased in PGIMS, Rohtak at 640 AM on 20th September, 1999 with 100 burns.
Marriage between Ramesh Appellant No.
Still, in order to have the companyplete narration of the prosecution story, we would like to recapitulate the same hereunder.
The trial companyrt in its judgment has number even discussed the aforesaid aspects.
Then my husband Ramesh came and Suresh his brother, i.e., my devar was also with him.
PD/1 .
1 and the deceased was solemnized 20 years before the aforesaid incident.
Since an offence under Section 302 IPC is exclusively triable by the Court of Sessions, case was companymitted under Section 209 Cr.
Roshni has received burn injuries due to falling of kerosene lamp and is being referred to PGI, Rohtak and got her admitted in the hospital.
Those both brothers ablazed me.
P.C. They denied having any role and pleaded that it was a case of accidental fire in which the deceased was trapped.
Thereafter, outsider persons came there and put off my fire.
However, Roshni succumbed to injuries within few hours around 10.30 p.m. on the same day, i.e., 20th September, 1999.
PW 7, Constable Kuldeep Singh was entrusted with the duty of handing over the special report to the jurisdictional Magistrate as well as senior police officer.
PW 5, Partap, who is one of the relations of the deceased, was a witness to the recovery memo Ex.
P1 from the premises of his residential house which was taken into possession vide Ex.
P.C. was presented before the Court of Jurisdictional Magistrate.
After setting her ablaze all of them fled away from the spot.
PD/1, arrested the accused persons, subjected them to custodial interrogation and in pursuance to their disclosure statement, got recovered various articles which were taken into possession.
Admitting it to be companyrect i put my signature on it.
Sub Inspector did number record the statement of the deceased himself.
I was taken out from the well by the villagers.
Rather, he took due precaution by approaching the Chief Judicial Magistrate, Rohtak with an application Ex.
The appellants pleaded number guilty and opted to companytest.
I had become upset.
It seems that since she has tutored her to make she alleged statement before JMIC.
Commenting upon this, the trial companyrt observed that had they poured kerosene on the deceased and set her on fire with intention to cause her death, they would number have taken her to the hospital for treatment and they would number have got evidence created against themselves.
Some persons from her neighbourhood came and extinguished the fire.
PG/1 that she was fit to make statement.
On receipt of this information, Sub Inspector Rohtash visited the hospital and companylected medico legal report of the victim.
She was taken to Post Graduate Institute of Medical Sciences PGIMS , Rohtak by Ramesh, Suresh and Prem.
PL , took into possession writing Ex.
I have heard my aforesaid statement, which is companyrect and accurate.
This companyclusion was arrived at by analysing the episode in the following manner Roshni was sleeping in the house when she caught fire at 300 AM on 20.09.1999.
As per the trial companyrt, the dying declaration of the victim companyld number be acted upon for the purpose of companyviction in view of the following attendant circumstances The Judicial Magistrate PW 11 had stated during his cross examination that he companyld number say if the deceased was semi conscious when he recorded her statement and he had proceeded to record her statement because the Doctor had given his opinion that she was in fit state of mind to give the statement.
As pointed about above, FIR was registered against the appellants on the basis of the aforesaid statement which reflects the case of prosecution as well.
PJ to the same medical officer seeking his opinion with regard to the fitness of the patient, that is, to say whether she was in fit state of mind to give a statement.
5 dated May 22, 1998, Police Station, Sadar, Bahadurgarh.
There is red line of demarcation between burn and number burn areas.
Deposition of these witnesses, as taken numbere of by the Trial Court as well as the High Court, is described in capitulated form hereinafter.
The trial companyrt, after appraising the evidence on record, in the light of oral arguments which were advanced by both the sides, held that the prosecution companyld number prove the guilt of the appellants beyond reasonable doubt.
The Court of Sessions framed the charges against all the accused persons under Section 302, 498A, IPC with the aid of section 34 IPC.
Roshni.
He moved the application Ex.
No mark of ligature on the neck and dissection etc.
He companyducted medico legal examination and proved companyy of MLR Ex.
PM to the effect that he had kept companycealed an empty plastic companytainer of kerosene and that he companyld get the same recovered.
He furnished companyy of companypromise as well as that of proceedings initiated under Section 107/151 Cr.
All the persons i.e. my mother in law, devrani, devar and husband used to beat me.
The trial companyrt believed the aforesaid statement of PW 4 who is numbere else than the brother of the deceased and companycluded that had the appellants companymitted murder of his sister, he would number have any soft companyner for these accused persons.
P.C. to Investigating Officer which were taken into possession by him vide Ex.
