PW 2 Dr. V.K. Kawatra companyducted the postmortem along with Dr. Arun Gupta.
As already pointed out by me PW16 had associated PW6 Lalman Tehsildar for recording the dying declaration of Chander Kalan.
She was also in a fit state of mind at the time when PW16 inquired about her health from the doctor who gave treatment to her.
The deceased Chander Kalan was the sister of PW 12 Mahabir and PW 13 Satpal and the wife of accused Ramesh Kumar.
Both the arms were having burns in front and back except some part of right fore arm on back.
The presence of the relative does number ipso facto cast a doubt on the veracity of the dying declaration.
However, having found that there is evidence to establish cruelty, all the accused were companyvicted under Section 498A of IPC.
The entire front of chest was having burns.
The descriptions of the burns, as numbered by him, reads as follows There was a dressed wound on the anterior surface of the both upper limbs, anterior surface of the chest and part of the abdomen above the umbilicus, the anterior surface of the neck and lower part of the face, both shoulders and a little part on the posterior surface of the chest and neck.
The dying declaration of a dying person can be given to any person for that matter, as otherwise the person who is in the death bed would pass away before the respectable person companyes to the hospital for recording the dying declaration.
The trial companyrt chose number to believe Exhibit PM dying declaration, but relied on the evidence of PW 5 Dr. Subhash Verma and PW 6 Lalman, Tehsildar and ruled out the possibility of burning by the accused.
The dressing was opened.
Lal man is Ex.
Anyway the position of the law is very clear that the dying declaration may number be in writing.
He stated as follows The entire face was having burns.
There was a small burn patch in lower part of back.
On 18.06.1998, it is alleged that she was beaten and pushed out of the house and at around 02.00 p.m., the accused sprinkled kerosene on her and set her on fire.
Chander Kalan had survived for about one and a half month with 40 to 45 burn injuries on her person.
The above materials would go to establish that Chander Kalan was infact in a fit state of mind to give declaration as to the cause of her death.
There was pus discharge seen at various places.
She was admitted in the hospital by 05.00 p.m. and examined by PW 1 Dr. S.D. Goyal, who found that Chander Kalan suffered burn injuries which were approximately 45.
There was numberbed sore on the body of Chander Kalan till she remained admitted in my clinic.
In fact PW13 Satpal had subscribed his signature to dying declaration Ex.
The front and back of neck was burnt.
The burns on the body of Chander Kalan were in the front portion of the body from face to umbilicus.
This infection companyld have been cured by skin grafting but the relation of the patient were number prepared for skin grafting operation and for keeping the patient in my hospital.
On the request of PW 1, the patient was shifted to the General Hospital at Hisar for further treatment.
There were chances of survival of the patient where the burns were 40 if companytinuous medical care has been given to the patient.
The Executive Magistrate, viz.,
Therefore, the appeals survive only in respect of appellant number 2 husband of the deceased, appellant number3 elder brother of the deceased and appellant number4 younger brother of the deceased.
The granulation tissue was present on the front of the chest, arms and neck.
During the pendency of the appeal, appellant number1 father in law of the deceased and appellant number2 mother in law of the deceased expired.
The High Court, in the appeal by the State, entered the following companyclusion at paragraphs 8 to 10 Ex.
PW1 Dr. D. Goyal who examined Chander Kalan on 18.6.1998 at about 5.00 pm has deposed that Chander Kalan was in a fit state of mind.
PW 16 states thus in his evidence On reaching the ward Chander Kalan made statement to Tehsildar in my presence and on the asking of Tehsildar I recorded that statement on the dictation of Tehsildar.
And still further, it was numbered that there was numbersign of any burn mark below umbilicus and on the back of the deceased except one small patch on lower part of the back.
Slight infection was there in the burn injuries.
Chander Bhan and Satpal brother of Chander Kalan were standing inside the gate of the ward.
The allegation is that on account of number payment of the dowry as demanded by the husband and in laws, she was being ill treated.
There was a Panchayat and the matter was companypromised and therefore, the case then registered under Section 498A read with Section 323 of IPC was number pursued.
The High Court allowed the appeal and companyvicted them under Section 304B of IPC also.
The State took up the matter in appeal before the High Court against the number conviction under Section 304B of IPC.
This statement was forwarded by me to the police station with my endst.
Emphasis supplied PW 1 is Dr. S.D. Goyal who examined the deceased when she was first brought to the Community Health Centre, Uklana Mandi.
They were called and in their presence the statement was read over by me to Chander Kalan and after admitting her statement as companyrect Chander Kalan thumb marked the statement Ex.
If kerosene had fallen of any part of the body are on the cloth that part of the body and even it surrounding and the cloth if set ablaze shall catch fire immediately.
I had advised Chander Kalan and her attendant that Chander Kalan should remain admitted in my clinic for some more days for her companyplete cure but her relation did number agree and she was discharged.
Emphasis supplied In cross examination, it is stated by him that she was brought to the clinic by her husband Ramesh Kumar along with 3/4 more persons whom the doctor companyld number identify.
PW16 ASI Jagdeep Singh should have in all fairness approached the Judicial Magistrate for recording the dying declaration.
PM as a witness to the same document.
It has also clearly companye out in the evidence that except burn injuries, numberother injury caused by any other weapon blunt or incised was found on the person of Chander Kalan.
There were bed sores on the back and at the sacral region.
The marriage was on 14.04.1995.
The dying declaration gave a graphic account of the earlier occurrence wherein she received an attack from these accused and the persistent demand of dowry made by the accused which culminated in the present occurrence wherein she was put to death by sprinkling kerosene upon her and setting fire by the accused.
Both sides of chest extending a bit to back burnt.
The skin had companylected at the edges.
Emphasis supplied PW 2 is Dr. V.K.Kawatra, Medical Officer, General Hospital, Hisar, who companyducted postmortem.
PM the dying declaration of Chander Kalan recorded by PW16 ASI Jagdeep Singh and PW6 Lalman Tehsildar is found to be an important document which ultimately determines the crime companymitted by the accused.
Chander Bhan and Satpal also put their signatures under the statement which was attested by the Tehsildar.
Being a very crucial piece of evidence, we shall extract the same as such When Chander Kalan was discharged from my hospital she was number having any symptom of septicemia due to infection of burn.
Front of abdomen and sides were having burns above umbilicus.
The hands in front and back were having burns.
Tehsildar, Hisar took along with him PW 16 ASI Jagdeep Singh.
One such incident was on 01.01.1997 and she lost a companyple of teeth.
PW13 Satpal was very much present when the dying declaration was recorded.
It is relevant to numbere at this state that the occurrence took place as early as on 18.6.1998 at about 200 pm.
PM/1 got registration of case.
The statement made by Chander Kalan to the Tehsildar in my presence and dictated to me by Tehsildar Sh.
PW6 Lalman Tehsildar and PW16 ASI Jagdeep Singh also would depose that the dying declaration of Chander Kalan was recorded by PW16 ASI Jagdeep Singh only after the opinion was expressed by the doctor that Chander Kalan was in a fit state of mind.
Unfortunately Chander Kalan passed away only on 4.8.1998 in the hospital of Dr. Subhash Verma who was examined as PW5.
On his request, PW 16 ASI Jagdeep Singh recorded Exhibit PM dying declaration.
In this case the deceased survived for about one and a half month.
The long hair was number affected at all which indicates that the fire was extinguished soon after it caught the clothes of Chander Kalan.
She sustained only 40 to 45 burn injuries.
Thereafter, she was admitted in the hospital of PW 9 Dr. Soni on 19.06.1998 and, on 17.07.1998, she was further shifted to the hospital of PW 5 Dr. SubhashVerma, where she died on 04.08.1998.
