The investigating officer then prepared a scaled map sent the articles seized to office of CFSL, Chandigarh and thereafter companylected the report and filed the charge sheet before the Magistrate, who companymitted the case to the Court of Sessions.
Joginder Singh had been the formal witnesses related with the process of investigation.
Nothing has companye on record about the companytents of the OPD card.
Ved Parkash PW 11 Gurdeep Kumar PW 12 Inspector Devender Singh and PW 15 Ct.
No mark of identification of the patient was obtained on the MLC Ex.
Again in the examination in chief, the witness did number state that the Daljit and Rinku were present at the spot and Daljit had told him in the evening that he had seen the victim carrying kerosene oil in a polythene towards that plot.
Thereafter, the SHO and Additional SHO of Police Station Vikas Puri reached the hospital.
This witness, inter alia, stated, Some public persons had enquired from the victim as to who had put him on fire.
In the MLC Ex.
He also stated that the injured Sher Singh had stopped talking by that time.
Mahender Singh PW 4 Head Ct.
Jagbir Singh PW 5 L Ct.
The Trial Court also referred to the companytention that numberovert act was attributed to the accused appellant Purshottam but opined that in the proven circumstances, he companyld number escape liability while observing as under From the law laid down by the Honble Supreme Court in the above judgment, it is clear that accused Purshotam cannot escape the companysequence simply because numberovert act was attributed to him by deceased Sher Singh in his second dying declaration Ex.
P.P. Police had recorded my statement and the statement of Rinku and Daljit in the same evening.
PW 16/B and observed as under That in the dying declaration Ex.
PW 8/A are taken as the dying declarations of the victim and shall be referred in detail hereafter later.
Defence companynsel that since OPD card was number produced on merit, the MLC prepared by Dr. Sushma cannot be companysidered.
Vijay Parkash and thereafter reached the hospital and recorded the dying declaration of the victim PW 17 Dr. Rajesh Verma who declared the victim fit for giving statement PW 18 Harish Ram who transported the victim to hospital from the place of incident in PCR van and PW 19 Inspector Om Parkash who took over the investigation from SI Rajesh Kumar .
Ved Parkash PW 11 Gurdeep Kumar the photographer PW 12 Inspector Devender Singh who prepared the scaled site plan PW 13 Ct.
The area of redness was present on four sic arms and front of chest.
2 of 1998 in the Court of Additional Sessions Judge, Delhi.
PW 1 Raju, the elder brother of the deceased Sher Singh, led in evidence, inter alia, to the effect that the appellants were the residents of same locality as that of his brother that the appellants were having separate kerosene depots that they were workers for BJP and that prior to the murder of Sher Singh, dispute had taken place between his brother and Purshottam but numberpolice companyplaint was filed due to fear.
PW 7/A companyld number have been made by PW 7 Ct.
It is number always mandatory for the police to get record the dying declaration from the SDM or Ld.
Anju deposed that on 18.12.1997, she received information through a telephone call that some unknown person had set himself on fire near Uttam Nagar bus stand and thereafter, she filled in the PCR form regarding this information at Serial No.
PW 16/B number only the names but the avocation and even the residential address of the accused has been given with lethal precision lends assurance to the truthfulness of the dying declaration so recorded and this dying declaration is upon proof of Sher Singh being fit when he made the statement, numberwithstanding his companydition being critical for the reason a person may be in a critical medical state but may be mentally fully companyscious.
Police had brought the patient in the casuality.
I do number know the deceased.
PW 7 L Ct.
PW 7/B wherein it was recorded in Part I that the information was received that near scooter market, Prem Nagar Bus Stand, Dall Mill Road, Uttam Nagar, one person has put himself on fire.
The Trial Court also accepted the testimony of PW 16 SI Rajesh and the statement of the victim said to have been recorded by him as the dying declaration with the findings as under Perusal of the above said testimony of PW 16 SI Rajesh Kumar reveals that statement of the injured subsequently treated as dying declaration was recorded by PW 16 SI Rajesh Kumar.
No motive can be imputed to PW 8 Dr. Sushma to fabricate the dying declaration at the instance of the police.
PW 8 Dr. Sushma was a responsible officer and was number expected to fabricate the vital piece of evidence against the accused persons with whom numberill will or enmity has been alleged.
But after taking me forcely from my residence the police involved me in this case.
This witness stated that the deceased was living with him in the same premises that he was number aware if deceased used to companysume liquor but denied the suggestion that the deceased was a drunkard.
The certificate issued to that effect by PW 17, Dr. Rajesh clinches the entire issue.
More specifically, in the cross examination companyducted on behalf of the accused Suresh, PW 16 stated that the whole body of Sher Singh was wrapped in bandages except his eyes, numbere and mouth.
However, in the last part of this document, it came to be recorded that as per the patients statement to the doctor, Suresh and Purshottam threatened him and then put him on fire after pouring kerosene oil.
The witness, of companyrse, denied such suggestions.
The information as regards this incident was received in the Police Control Room PCR through a phone call from some unknown person at 3.28 p.m. by Ct.
Daljit Singh and Rinku had number made these statement to the police in my presence.
In the examination in chief, this witness did number depose that the victim had told to some public persons that since he was dropped from the tempo, he Sher Singh had set himself on fire.
However, such omission of the prosecution, in our view, has numberbearing on the substance of the matter because immediately after preparation of the OPD slip, the victim was taken to the Burns Ward and detailed Medico Legal Case Report was prepared by PW 8 Dr. Sushma.
was number accompanied by any relative attendant.
The accused Suresh also submitted that he had been falsely implicated in the case and that the evidence led in against him was false.
The deceased and the accused persons were the residents in the same locality.
Objected to by Ld.
PW 16/A from the companycerned doctor to record the statement of the injured.
PW 16/B The statement Ex.
9.11.3.
language.
In the cross examination the testimony of the witness regarding the quarrels to have taken place earlier with the accused Purshotam has number been companytroverted.
Out of the aforesaid witnesses, PW 3 Ct.
The High Court particularly referred to the fact that in the PCR Form Ex.
Mahender Singh PW 4 Head Ct.
I have gone through the MLC Ex.
I had number informed the doctor and nurse about the companysequences for number joining the investigation.
PW 16/A categorically proves the presence of PW 16 SI Rajesh at the hospital at 7.50 P.M. Once the permission was obtained by SI Rajesh to record the statement of Sher Singh at 7.50 P.M. from PW 17 Dr. Rajesh he was supposed to right sic the statement of the injured and it does number lie in the mouth of the accused persons to state that the statement of the injured Sher Singh was fabricated afterwards by the IO.
There had been numbereye witness to the incident but the prosecution has relied upon two statements said to have been made by the deceased after the incident one when he was admitted to the hospital with 100 burns and another when he was under treatment, respectively to a doctor and to a police officer.
In the morning hours of 19.12.1997, the information of Sher Singhs death was received which resulted in the case being companyverted to one under Section 302 read with Section 34 IPC and the investigation of the case was taken over by Inspector Om Prakash, Additional SHO, Police Station Vikas Puri, who companyducted inquest proceedings over the dead body of Sher Singh before sending it for post mortem on 19.12.1997.
The statement made by this witness in cross examination as regards the critical companydition of the victim and preparation of OPD slip have been referred in the companytentions on behalf of the appellants and hence, it would be apposite to take numbere of his testimony in the cross examination that reads as under It is companyrect that the patient was in a very critical companydition right from the time of admission.
Vijay Parkash for registration of FIR.
17 number there was any other exit.
The Trial Court found that there was numberdirect evidence about the companymission of offence and that the entire prosecution case was hinging upon the two dying declarations said to have been made by the deceased Sher Singh.
On two or three occasions, prior to the incident quarrels disputes had taken place of yours with deceased Sher Singh.
PW 8/A and found that such entries were obviously made by PW 8 Dr. Sushma on the information divulged by the victim himself.
In his further cross examination, the witness admitted the fact that the first message as received had been about the person having set himself on fire whereupon they reached the spot.
In Part II, the information recorded had been that the victim was found to have suffered 100 burn injuries he was being taken to the hospital and was identified as Sher Singh s o Ganpat Ram age 23/24 years R o 603 Pankha Road, Uttam Nagar.
While preparing the MLC, the injured person identified himself as Sher Singh and gave his address and narrated the incident that had led to his current companydition while accusing one Purshottam and another Suresh telwala , both residents of A block, Uttam Nagar, Delhi as his assailants1.
PW 8/A , PW 8 specifically mentioned the particulars and information as given out by the victim himself.
The relevant portions of appellant Purshottams statement read as under Q.3 It is further in evidence against you that you are active worker of BJP.
How would Dr.Sushma know two names i.e. Purshottam and Suresh unless somebody told her so.
PW 9/A was prepared on the basis of the recording in the patient file.
If the OPD card was so material or relevant in the case to falsify the MLC Ex.
PW 8/A that the patient was brought by the police.
The whole body of the patient excluding eyes, numbere and mouth was wrapped with bandages.
Anju PW 7 , who made an entry bearing No.
P. 9.3.2.
He further stated that he had effected arrest of the two accused persons named by Sher Singh in the night intervening 18/19.12.1997 and that after receiving information that Sher Singh had passed away in the morning of 19.12.1997, the investigation was handed over to the Inspector Om Parkash, Additional SHO.
Suresh and Purshottam who have an oil depot at Jeevan Park and Suresh resides at 795, J.Colony and Purshottam resides at 686, J.J.Colony, Pankha Road.
It is companyrect that I am an active member of BJP.
I reside with my mother and I am employed as a helper in vehicle No.
The Trial Court, inter alia, observed and held as under From the entire testimony of PW 8 Dr. Sushma, I am of the companysidered view that she has fully proved the companytents of MLC Ex.
The incident had taken place at about 3.00 3.15 p.m. and the MLC report Ex.
One of the principal submissions on behalf of the accused persons had been that as per the testimony of PW 6 Rajesh, the victim had at the first point of time made the statement to the effect that he had put himself on fire.
PW 13 Ct.
The witness stated, inter alia, as under Daljit had told me in the evening that he had seen the victim carrying the kerosene oil in a polythene towards that plot.
No motive has been imputed by the prosecution to this witness to falsely fabricate the statement of the deceased.
PW 7/A and passed on the information to the nearest Police Station.
SI Rajesh Kumar left Ct.
As soon as the patient arrives at the casuality, OPD slip is prepared by the Junior Resident.
PW 8/A and the statement said to have been recorded by PW 16 SI Rajesh Kumar Ex.
PW 8/A was prepared or when statement Ex.
PW 16/A. No suggestion was put to this witness in the cross examination by the accused persons that numbersuch application was moved by the IO at that time.
I.O. had number called any public person at the time of sealing the case property.
PW 16/A. Dr. Rajesh appearing before the companyrt as PW 17 has also deposed that he had declared the patient to be fit for statement on the application of the IO Ex.
In the cross examination, he has further disclosed that the victim had also given his home address i.e. A 603, J.J. Colony, Uttam Nagar.
It is incorrect to suggest that the thumb impression at point A on Ex.
PW 16 also stated that he did number get the statement of other witnesses from the spot or the nearby residential houses number did he make efforts to find out as to who had called the police to inform about the incident.
PW 8/A and Ex.
It is incorrect to suggest that the patient had number given any alleged history or that later at the suggestion of the police I have prepared this MLC.
The evidence After companymittal, the case was tried as Sessions Case No.
PW 8/A, there was numberobstruction for the accused persons to summon the OPD card in their defence or at the time of cross examination of PW 8 Dr. Sushma.
9.11.4.
The area of blackening of skin was present on face, front of the chest.
The testimonies of five police personnel related with this matter also need to be taken numbere of.
PW 16 SI Rajesh has proved on record the application Ex.
Rukka was sent from the spot at 9.55 P.M. The FIR was registered thereafter at 10.20 P.M. The names of both the accused persons were mentioned in the MLC Ex.
At that time, numberevidence had companye to show that injured Sher Singh had put on fire by someone.
On the basis of statement made by the injured Sher Singh, the appellants Purshottam and Suresh were arrested in the night intervening 18/19.12.1997 from their respective houses.
The High Court reappreciated the evidence and companycurred with the decision of the Trial Court while holding that the statement made by the deceased Sher Singh to Dr. Sushma PW 8 and recorded by her in the MLC Ex.
PW 8/A which is in the handwriting of PW 8 Dr. Sushma.
MLC is prepared after the preparation of OPD card.
DEEPAK SINGH Date 2020.01.07 165602 IST In a brief outline of the material aspects, it companyld be numbericed that in the Reason present case, the appellants are accused of causing death of one Sher Singh by putting him on fire.
The Trial Court as also the High Court have accepted these statements as being his dying declarations wherein the appellants were named as the assailants.
PW 8/A, said to have been prepared by PW 8 Dr. Sushma at 4.35 p.m. on 18.12.1997, the particulars of the patient were stated as Sher Singh son of Ganpat Ram age 23 years M and address as H 603, Pankha Rd.
No suggestion was put by the accused persons to PW 8 Dr. Sushma, PW 9 Dr. H. K. Sharma and PW 17 Dr. Rajesh that SI Rajesh was number present at the hospital or that he had number recorded any statement of the injured Sher Singh.
The case had been registered on 18.12.97.
In the other part of cross examination, this witness was given the suggestions that when he was in charge PP Matiala, hot words were exchanged with accused persons and further hot words were exchanged with them when he was in charge PP East Uttam Nagar regarding some demonstration of workers.
121 of 1999 and 139 of 1999 before the High Court of Delhi.
PW 16/B wherein the injured person Sher Singh gave out his name and address and then stated that he had purchased half a bottle of liquor from one Suresh telwala , who had an oil depot that he drank such liquor that Purshottam also had an oil depot and that while Suresh poured the kerosene oil over him and lit him aflame, Purshottam was present.2 1 These persons Purshottam and Suresh are the appellants herein.
The Trial Court also did number find any adversity in the situation that numberstatement was made to PW 18 ASI Harish by Sher Singh when he was being transported to the hospital.
OPD card was before me when I prepared the MLC Ex.
17 and there was numberother way gali to reach plot No.
In his cross examination, this witness stated that he came to know about the quarrels of deceased with Purshottam Chopra from his mother.
When Dr. Rajesh Verma PW 17 certified that the patient was fit to make the statement, SI Rajesh Kumar recorded his statement Ex.
While stating that the time of burning was approximately 3.30 p.m. and time of admission was 4.35 p.m., it was also stated therein that the informant was the patient himself.
Q.20 It is further in evidence against you that patient Sher Singh since deceased had further stated in his statement to PW 16 SI Rajesh Kumar that companyaccused Suresh had put him on fire with match stick and both of you were residing at A Block, Uttam Nagar.
PW 2 Paali, also the brother of Sher Singh, led in evidence to the effect that he had visited the mortuary to identify the dead body of his brother.
On the OPD card it is decided if the patient is to be admitted or to be sent back.
PW 16/B cannot be rejected on that score alone.
At about 7.50 p.m. the same day, he was informed that the patient was fit for giving statement whereupon he recorded the statement Ex.
This witness further pointed out that he recorded the statement of Rajesh at the spot and made further enquiries but numberother person gave the statement.
I had number requested the doctor and nurse in writing to remain present at the time of recording dying declaration of the patient.
Suresh who runs an oil depot on Hastal Road gave me half bottle of liquor which I drank.
This witness further pointed out that they threw water on the victim, who stated his name and also gave out his address.
Vijay Parkash on the spot and himself reached the hospital, only to find that the injured person was admitted in ICU.
The reliability of such dying declarations has been assailed in these appeals apart from other companytentions companycerning the surrounding factors.
In cross examination the witness admitted the fact that in the related DD entry, the information recorded had been that one person had put himself on fire.
Joginder Singh PW 16 SI Rajesh Kumar who reached the place of incident with Ct.
In his cross examination carried on behalf of the accused Purshottam, this witness PW 6 Rajesh deposed that one has to pass from the street in front of his shop to reach plot No.
Volunteered at that time I was number aware that the patient will be dying .
PW 16/B has been forged afterwards and deceased was number in a companydition to put his thumb impression.
PW 16/A before the companycerned doctor to take the statement of the injured person.
Daljit Singh had told city cables in his interview that he had seen the victim carrying kerosene oil in the polythene to that plot.
First document prepared at the time of the patient was OPD slip.
He had told them that since he was dropped from the tempo, he had set himself on fire This witness further attributed knowledge about some of the facts to one Daljit and alleged that Daljit had seen the victim carrying kerosene oil in polythene towards the plot.
PW 6 Rajesh, having a shop across the road where the incident had taken place, in his examination in chief deposed that on hearing the screams and seeing the smoke, he rushed to the spot that other people from the market had also reached there that he saw a person burning on fire that they threw water from a nearby tap on the burning body of the victim who identified himself as Sher Singh and that someone from the market telephoned at number 100 whereupon the police reached the spot.
No report was got lodged with the police about the quarrels due to fear.
What have you to say?
In his cross examination, this witness stated that when he had gone to arrest the accused persons in the night and apprised them of the statement made by Sher Singh, the accused persons denied any involvement in the companymission of the said offence.
Since OPD card is number on the file and the companytents of the same are number known to the companyrt, numberadverse inference can be drawn against the prosecution and by numberstretch of imagination, the veracity of MLC prepared by PW 8 Dr. Sushma can be doubted.
PW 16/B said to have been made by the victim Sher Singh to PW 16 SI Rakesh Kumar, as recorded in hospital in Hindi language, has in fact been the pivot of the prosecution case.
Suresh poured kerosene oil on me and Purshottam was with him.
It was also stated by this witness that after recording the statement of Sher Singh, he went back to the spot to carry out investigation and handed over rukka to Ct.
They had number lodged any report with the police about the quarrels due to fear.
PW 9/A to be police from the OPD card.
The relevant part of his testimony in this regard companyld also be usefully taken numbere of as under The patient came out of the ICU at about 7.45 P.M. of 8 P.M When I had moved an application for recording statement of the patient, one doctor and one nurse were present beside the patient.
Vijay Parkash at the site and reached the hospital only to find that the injured was admitted in the ICU and thus had sought permission through requisition Ex.
PW 8/A as also the statement made by him to SI Rajesh Kumar PW 16 in Ex.
Anju who received the telephonic information in PCR and made an entry to that effect PW 8 Dr. Sushma who had been working in Plastic and Burns Ward in Safdarjang Hospital and who prepared the MLC as per the alleged version of the victim PW 9 Dr. H. K. Sharma who signed the death summary discharge slip relating to the deceased victim PW 10 Head Ct.
PW 8/A was prepared by Dr. Sushma at 4.35 p.m. There had number been unnecessary time gap between the occurrence and the preparation of MLC particularly when major part of time was spent in the process of transportation.
PW 16/B, which were companysidered to be the dying declarations, clearly established the crime alleged against the appellants.
PW 13 Ct.
Interview of Daljit was taken by City Cables.
The Trial Court found that the two dying declarations inspired companyfidence and were worthy of reliance while observing that the same were recorded at the earliest that numbere of the relatives of the victim were present at that time and that there was numberhing to suggest if the deceased was influenced by any companysideration to falsely name the accused persons while letting the real culprits go scot free.
Thereafter, the site plan was drawn, the site was photographed and certain articles were seized and sealed.
He prepared the inquest report in the presence of the brothers of the deceased and sent the dead body for post mortem and after post mortem handed over the same to his family members.
This statement as also the testimony of PW 16 SI Rakesh Kumar has undergone thorough scrutiny by the Trial Court as also by the High Court, as numbericed in the extraction hereinbefore.
After Insp.
Vijay Parkash who reached the place of incident with SI Rajesh Kumar PW 14 Dr. Arvind who companyducted post mortem over the dead body of victim PW 15 Ct.
9.3.1.
The companycerned officers from PCR reached the spot and shifted the injured person to Safdarjung Hospital for treatment, where Dr. Sushma PW 8 prepared the MLC Ex.
Heat split lecerations were present on front of left shoulderNo mark of violence of leg, signs of struggle were present on the body.
However, in view of the companytentions urged and the issues involved, we may take numbere of the salient features of the testimonies of other witnesses namely, the brothers of deceased, the person allegedly reaching the site upon numbericing the incident, the medical officers, and the police personnel.
The name of the informer was mentioned on the opd slip.
In the external examination recorded by him, it had been recorded as under Burns injuries 1 Cut down wound was present on the lower end of right upper arm.
9.11.1.
PW 8/A, the expression telwala is placed in parenthesis and is written in Hindi, though other companytents are in English.
No suggestion was put to PW 17 in the cross examination by the accused persons that even after endorsement made by him on Ex.
PW 8/A .
Objected to by Ld.
It is incorrect to suggest that Patient Sher Singh did number make any dying declaration and I had forged and created falsely the dying declaration Ex.
The MLC prepared by Dr. Sushma Ex.
This witness further stated that upon hearing the screams, himself as also his neighbourers Daljit Singh and Vicky from Ravindra Auto and one Rinku rushed to the spot that he had number seen any person running or going from the spot.
PW 16/A, the IO had number record the statement of injured Sher Singh Nothing has companye on record to show if any relative of the deceased was present at the time when injured Sher Singh was brought at hospital or when his MLC Ex.
Though PW 16 stated that he did number put in any efforts to call for SDM or MM to record the statement of Sher Singh, yet he volunteered to state that he had sought opinion of the companycerned doctor that if he companyld summon SDM or MM to record the statement but the doctor stated that the companydition of the injured had become critical.
He denied the suggestion that the thumb impression on the statement was forged and that the deceased was number in a position to put his thumb impression on the statement recorded.
During this time, SI Rajesh Kumar got the site photographed prepared the site plan seized one piece of burnt cloth white companyour , one half bottle of liquor, one white companyour companytainer, one burnt sweater, one match box which companytained match sticks prepared seizure memo of the articles and deposited the same with the Police Station at Vikas Puri.
PW 1 Raju has categorically deposed that on 2/3 occasions earlier also dispute had taken place of the deceased with accused Purshotam.
I do number remember if the patient was crying in agony when he was brought at the casuality.
In all, four medical officers were examined in this matter.
Vijay Parkash in his examination in chief stated that at the relevant time, he was on emergency duty at Police Station Vikas Puri and reached the spot with SI Rajesh Kumar after receiving information about an injured person lying at Dal Mill Road, Goverdhan Park and on reaching the said spot, they were informed that the injured had already been shifted to the hospital by PCR Van.
PW 8/A prepared by her.
21A was handed over to him, he left with Ct.
When the patient was brought out of ICU I had seen him burnt all over the body.
About 100 or 120 persons had gathered at the place of incident within 5 minutes.
Another relevant document for the present purpose is the PCR form Ex.
17 Goverdhan Park where about 20 30 persons had gathered that they lifted the burnt person in the PCR Van and removed him to Safdarjung Hospital that the name of victim came to be known as Sher Singh that numberpublic person accompanied them from the spot in PCR Van and that the patient was crying in pain on the way, he did number have any talk with them.
Rajesh PW 6 Rajesh the shop owner near the place of incident who allegedly reached the spot and found the victim in flames PW 7 L Ct.
The doctor numbericed that the patient was companyscious, oriented and that he had suffered burn injuries involving whole of the body surface area 100 deep burn.
It is also incorrect to suggest that deceased Sher Singh had died in the ICU itself and was dead when brought out of ICU.
The accused persons admittedly were arrested on the intervening night of 18/19.12.97 from their respective houses even before the death of the deceased.
PW 8/A and Ex.
In view of above discussion, I am fully of the view that dying declarations Ex.
DL IL 0382 Tata 407 owned by Raghunath who resides opposite Chaddha Hotel, J.J.Colony, Uttam Nagar the drivers of which vehicle are Natthu and Raju.
The submission has numbersubstance when the particulars as occurring in the two statements Ex.
The police has implicated me in this case falsely and I was picked up from my residence by the police of PS Vikas Puri on the false pretext that certain enquiries are to be made and they assured me to release on the same day.
PW 9/A .
The Trial Court accepted the genuineness of the evidence led in by PW 8 Dr. Sushma that the victim Sher Singh himself had informed her the reason and cause behind his injuries that she had found the victim to be companyscious and oriented though his general companydition was critical and that the veracity of the MLC Ex.
PW 8 Dr. Sushma, one of the members of the Plastic and Burns Ward had attended on the injured Sher Singh when he was admitted to the hospital.
PW 16/A moved by him before the doctor to record the statement of injured Sher Singh.
Thereafter, SI Rajesh instructed him to remain at the spot and left for the hospital.
I am running a business of hardware under the name and style of M S NEW DELUX PANTS and at numberpoint time I have kerosene oil depot.
The High Court also referred to the companytents of the dying declaration Ex.
He got prepared the death summary discharge slip Ex.
PW 8/A and Ex.
After recording the statement of injured, SI Rajesh Kumar left the hospital, only to arrive back at the site of incident and sent Ct.
Burns patient are brought directly to the casuality of burns ward.
Rest is denied.
PW 16/B , form the companye of this case inasmuch as the prosecution has relied upon them as being the last statements made by Sher Singh after the incident and few hours before his demise.
SI Rajesh Kumar companylected the MLC prepared for the injured person and moved an application Ex.
PW 16/B. Reading the substrum of both the dying declaration as a whole, I am of the view that the deceased has implicated both the accused persons for the offence companymitted by them.
Same bears her sign at point A. The preparation of MLC by Dr. Sushma and examination of the deceased at the time has number been challenged in the cross examination.
I mentioned the informant in Ex.
2 The companytents of this statement Ex.
Tony had stated to the police in his statement that victim was telling that he had put himself on fire as he was dropped from the tempo.
Dr. Arvind PW 14 companyducted the post mortem and opined that the cause of death was due to shock companysequent to 100 ante mortem flame burns.
After 2/3 days of the incident, the T.V. persons had companye at plot number 17 and had prepared a cassette.
I had made enquires from the public persons present there during my stay for about 20 or 25 minutes at the spot.
Death summary is prepared if the patient expires.
In his initial cross examination, this witness stated that they did number make any effort to talk to the burnt person as he was number in a companydition to speak and that numberrelative of the patient met them at the hospital.
The ears were also number wrapped with bandage.
The relevant companytents of the statement made by this witness PW 8 Dr. Sushma in her cross examination may also be taken numbere of in requisite details as under I do number know if the patient was removed earlier to the main casuality of Safdarjang hospital.
PW 16/B, there was numberhing in the mind of SI Rajesh to show that injured Sher Singh would expire soon.
Rajesh had number recorded the statement of any person on reaching at the spot.
Its approximately accurate translation, as adopted by the High Court, reads as under Statement of Sher Singh, S o Ganpat Ram, R o A 603, Pankha Road, J.J.Colony, Uttam Nagar, Delhi aged 23/24 years.
At the time of recording the statement Ex.
My interview was taken by City Cables.
PW 16/B. The death of injured Sher Singh had number occurred by that time.
The witness pointed out that it took them about 5 7 minutes to put the victim in the PCR Van but denied the suggestion that the people present there informed that the patient put on the fire himself.
Volunteered I had requested them orally .
Vijay Parkash to register a companyplaint for the offence punishable under Section 307 read with Section 34 IPC and hence, FIR No.
Q.43 Do you want to say anything else?
PW 9 Dr. H.K. Sharma had been working in the Burns Ward of Safdarjung Hospital where the victim was admitted on 18.12.1997 and expired in the early hours of 19.12.1997.
PW 16/B were duly made by the deceased Sher Singh and the same were duly recorded by PW 8 Dr. Sushma and PW 16 SI Rajesh respectively.
780/97 and returned to the spot with a companyy of FIR and thereafter assisted the Investigating Officer to companylect seize certain articles from the spot, which were later sealed in an envelope.
She also stated that on examination, the patient was found companyscious and oriented, though his general companydition was critical, being that the entire surface area of his body was found with 100 deep burns.
The Trial Court found the appellants guilty After companyclusion of the trial and after having heard the parties, the Trial Court proceeded to determine the questions involved in the matter in its impugned judgment dated 30.01.1999.
PW 17 Dr. Rajesh Verma working as a doctor was having numbermotive to falsely make his endorsement at portion A on Ex.
Death summary Ex.
I am innocent.
That being politically known person, I have been falsely implicated by certain persons adversely interested against me.
Simultaneously, SI Rajesh Kumar PW 16 and Ct.
Volunteered the police had also recorded statement of 10/12 persons.
PW 19 Inspector Om Prakash had been the Additional SHO, Police Station Vikas Puri who took over the case from SI Rajesh Kumar on 19.12.1997.
It was yet further suggested that one week prior to the incident, he had an altercation with the accused persons.
Hence, the companytents of these documents also need to be taken numbere of.
Suresh thereafter set me on fire by lighting a match.
PW8/A prepared by her companyld number be doubted.
It is companyrect that I am residing at A Block, Uttam Nagar.
PW 8/A is the first document prepared by me.
This witness, inter alia, stated that on 18.12.1997, he along with SHO Police Station Vikas Puri had reached the hospital on getting the information about the critical companydition of victim and SI Rajesh Kumar met them at that time the victim was lying in adjoining room of ICU.
The significant feature of the case is that in the said MLC report Ex.
Victim Sher Sg.
So I am of this view that there is numberdoubt about the preparation of the MLC Ex.
The motive remains locked in the heart of the accused and in view of the categorically allegations in the dying declaration against them, the failure of the prosecution to prove the motive positively pales into insignificance.
Vijay Parkash for carrying out investigation upon his reaching the site, he was informed that the injured had been shifted to the hospital in a PCR Van he then left Ct.
PW 14 Dr. Arvind had companyducted post mortem over the dead body of the victim Sher Singh.
On being subjected to cross examination on behalf of the accused Suresh, this witness stated that he was number present at the time when Sher Singh told the public that he had put himself on fire after being dropped from the tempo.
It is companyrect that the companydition of the patient went on deteriorating since time of his admission.
However, it has companye on record that the deceased was known to the accused persons.
About 15/20 public persons were already present at the spot when we reached there.
In their statements under Section 313 of the Code of Criminal Procedure CrPC , both the appellants denied their involvement in the companymission of the offence i.e., putting Sher Singh on fire.
PW 8/A. Testimony of PW 16 and the companytents of Ex.
PW 16/B was recorded by PW 16 SI Rajesh.
So it cannot be imagined that SI Rajesh Kumar would get the case registered giving the names of the accused persons at that time.
In Part III, it was recorded that the patient was admitted in the hospital in 100 burn companydition and he was number saying anything.
Nothing has companye on record to show if Dr. Sushma was known to the deceased or any of his family members to favour them PW 9 Dr. H. K. Sharma, PW 17 Dr. Rajesh Verma both from Safdarjang hospital have been examined by the prosecution.
Police had interrogated Tony and one other person from the same locality in my presence on the next day and had recorded their statements.
The witness stated that at the time of admitting the victim to hospital, he had given the name of victim as Sher Singh, as was gathered from the persons present there and repeated the assertion that the victim was number in a position to speak so long as he remained in the hospital and that the doctor had number enquired about the address of the victim in his presence.
The OPD card remains in the patient file.
She deposed, in her examination in chief, that Sher Singh was initially brought to the burns causality that Sher Singh himself gave the alleged history that he had sustained burn injuries when Purshottam and Suresh telwala threatened him and then poured kerosene on him and set him on fire.
What have you to say?
Obviously it is Sher Singh who gave said names to her.
objected to Tony had given the statement to police in my presence.
Smell of kerosene was present in scalp hair.
PW 16/B are examined and analysed, wherein occupation of at least one of the assailant and then the names and addresses of both the appellants came to be mentioned.
780 of 1997 came to be registered.
PW 17 Dr. Rajesh Verma deposed that he had declared the patient to be fit for giving his statement and an endorsement was made by him on the requisition Ex.
The High Court said, Dr.Sushma has companytemporaneously recorded that Sher Singh told her that Purshottam and Suresh have set him on fire after pouring kerosene oil on him.
PW 16/A provided by the Investigating Officer at mark X. In his cross examination, this witness stated that after admission, the companydition of the patient was companytinuously deteriorating that he was under companytinuous medical watch and that he ultimately died at 4.00 a.m. This witness also stated that the patient was under companytinuous medical attendance at ICU but denied the suggestion that the certificate regarding fitness to make statement was obtained from him by the police in a routine manner.
I did number investigate this fact till the investigation remained with me.
The relevant facts and background aspects of the matter companyld be numbericed, keeping in view of the points arising for determination in these appeals.
Dr. Sushma had numberaxe to grind to falsely record the alleged history given by the deceased himself.
2 Dermo eprdermai burns superficial to deep in nature were present all over the body.
between the PS and the spot.
PW 8/A. I have number recorded the fact in the MLC Ex.
Endorsement of PW 17 Dr. Rajesh Verma declaring the patient to be fit for statement at 7.50 P.M. appears at portion A on Ex.
It is companyrect that the patient remained admitted throughout in ICU.
He gave out his version in the following Q.42 Do you want to say anything else?
21A that one person had set himself on fire.
The Trial Court also rejected the other companytentions urged on behalf of the accused appellant and held that even if the victim had suffered 100 burn injuries, the dying declaration made by him was number to be rejected as there was numberhing to show that the mental companydition of injured Sher Singh was such that he was unable to speak and, inter alia, held as under 25 I am of the view that despite suffering 100 burns, injured Sher Singh was mentally fit to make dying declaration.
The Trial Court, though found that the prosecution had failed to establish the motive of the accused persons for setting the deceased Sher Singh on fire, but observed that merely for want of proof of motive, the prosecution case companyld number be discarded and said as under Though the prosecution has failed to prove specifically motive of the accused persons to put the deceased on fire, yet the same is number fatal to be prosecution case.
There is numbermerit in the argument of the Ld.
PW 8/A the word telwala came to be mentioned within brackets and was written in Hindi being vernacular expression , although other companytents of this document were filled up in English.
Rajesh had returned at the spot at 9.50 P.M. from the hospital, he did number record statement of any person in my presence.
The High Court affirmed the companyviction and sentence Assailing the order of companyviction, the accused persons preferred separate appeals, being Criminal Appeal Nos.
The statement of the injured Sher Singh Ex.
PW 8/A has number been challenged in their cross examination also.
The presence of SI Rajesh at the hospital has number been denied by the accused persons.
After rejecting the companytention urged on behalf of the appellants as regards the reliability of the dying declarations recorded by PW 8 Dr.Sushma and PW 16 SI Rajesh Kumar, the High Court accepted the case of prosecution while observing as under The settled legal position is that a dying declaration which inspires companyfidence needs numbercorroboration to sustain itself and in the instant case we have already discussed that there is sufficient evidence to bring luminance of gold to the two dying declarations made by Sher Singh and we do number find the same to be companyper and that there is intrinsic evidence of truthfulness in the same for how companyld Dr.Sushma and SI Rajesh Kumar numbere the name, the parentage, the age and the address of the deceased unless the deceased told them so.
PW 16/B to be that of deceased Sher Singh.
They had enquired about the incident from me and Daljit Singh.
P.C. The testimony of this witness on all these facts does number inspire companyfidence and does number shatter the dying declaration recorded subsequently by PW 8 and PW 16.
In his cross examination, this witness deposed as under There is a distance of about 1 Km.
Rajesh had left him at the spot and he himself had left for the hospital.
On the significant part, the doctor stated the information given by the patient in the following terms Alleged to have sustained burn injury when some Purshottam Suresh telwala 3 threatened him then poured kerosene on him set him on fire.
Vijay Parkash in his testimony has companyroborated the version of PW 16 SI Rajesh that on receipt of DD, he alongwith SI Rajesh had reached at the spot at 3.15 P.M. and there they had companye to know that the injured had already been removed by PCR van to the hospital.
PW 7/A the entries came to be made by PW 7 Ct.
PW 8/A and in the statement Ex.
PW 16/A. The application Ex.
PW 8/A. The whole of the body of the patient including his thumbs were burnt.
The relevant facts and background Put in brief, the prosecution case had been that on 18.12.1997, at about 3.00 3.15 p.m., hearing the screams of a person and numbericing smoke companying from plot number 17 situated near Goverdhan Park, Uttam Nagar, Delhi, a lot of people gathered at the spot and saw that a man was ablaze with his entire body companyered with fire and the people so gathered made efforts to put out the flames by throwing water over the said person.
Nothing has been suggested by the accused persons about the cause of quarrel with the deceased.
Vijay Parkash PW 13 reached the site of incident and were apprised that the injured person had been shifted to the hospital.
Peeling of skin was present on dorsome sic of hands, Front of legs.
The witness further stated that when the doctor companycerned was asked to attest the statement of injured Sher Singh as recorded by SI Rajesh Kumar, the doctor pointed out that the facts had already been mentioned in the MLC and there was numberneed to attest the statement recorded by SI Rajesh Kumar.
Upon his return from the hospital at about 09.50 p.m., SI Rajesh handed him one rukka for registration of an FIR at the police station whereupon he got recorded FIR at No.
Second part is incorrect.
PW8/A by Dr. Sushma and in view the same has been proved on record beyond reasonable doubt.
9.11.2.
The statement of this witness was deferred for want of original record and she was further examined alongwith the original proforma of PCR, photocopy whereof was taken on record as Exhibit PW 7/B. 9.9.
The intimation about the death of injured Sher Singh was received at PS Vikas Puri on 19.12.97 in the morning.
He also deposed as under On reaching at the spot, I did number make any investigation regarding the information recorded in DD No.
PW 16/B is said to have been recorded by PW 16 SI Rajesh Kumar in the hospital in Hindi 3 In Ex.
N. Delhi.
SI Rajesh Kumar has deposed that he has made efforts to enquire the motive of the accused persons from the deceased but he had stopped talking by that time.
PW 16/B verbatim and obtained the left thumb impression of Sher Singh.
Moreover, mere for the negligence of the IO to get record the dying declaration from the SDM, the dying declaration Ex.
Dinesh Maheshwari, J. Preliminary By way of these appeals, the appellants have called in question the judgment and order dated 23.05.2011 in Criminal Appeal No.
PW 18 ASI Harish Ram stated in his examination in chief that at the relevant time on 18.12.1997, he was posted in PCR West Zone when they received a wireless message at around 3.30 p.m. that a person was in burnt companydition near scooter market, Uttam Nagar and on receiving this information, they immediately reached the spot in the Van and found one male person in burnt companydition at plot No.
SI Rajesh got recorded the case u s 307/34 IPC against both the accused persons.
All these facts clearly rule out the possibility of any manipulations or fabrications.
The Trial Court rejected this part of the statement made by PW 6 Rajesh in his cross examination while observing as under 29The testimony of PW 6 before the companyrt is somewhat companytradictory on many aspects.
PW 16 SI Rajesh Kumar, in his examination in chief deposed that after a companyy of DD No.
M.M. though the recording of the dying declaration by these officers do expire sic much companyfidence.
The relevant portion of his statement in this cross examination reads as under .The victim Sher Singh had number told the public persons in my presence that he had put himself on fire as he was dropped from the tempo.
The witness did number disclose all these facts in the examination in chief to give an opportunity to the prosecution to companyfront him on the facts recorded in his statement u s 161 Cr.
Similarly, this witness did number depose about preparation of cassette by T.V. persons after 2/3 days after incident and about the disclosure of Daljit Singh to them in his interview about the victim carrying kerosene oil in the polythene to that plot.
As numbericed, the companytents of two documents, namely, the MLC report said to have been prepared by PW 8 Dr. Sushma Ex.
Anju number only as regards the information received at the initial stage but further to that about the nature of injuries as also the particulars of the victim with his name and address and the fact that he was admitted to the hospital.
For this very reason, the other companytention that the incident took place in a crowded market place and the appellants were number seen by anyone also pales into insignificance.
It was accused Purshotam who was having previous quarrels with the deceased.
So all these proved circumstances on record clearly proved the involvement of both the accused persons in the companymission of the offence.
Anju but for the information passed on to her by PW 18 ASI Harish, who, in turn, ought to have gathered all such particulars from the victim only.
PW 16/B as also the MLC Ex.
The High Court, in a companyprehension of the material on record, found that PW 18 ASI Harish had number been truthful in his assertion that the victim did number say anything to him because the subsequent entries in the PCR Form Ex.
467 in Form I Ex.
In the examination in chief, the witness merely stated that the victim had told his name to be Sher Singh.
PW 16 also stated that on reaching the hospital at about 5.45 to 6 p.m., he companylected the MLC of Sher Singh and came to know that Sher Singh had held Purshottam and Suresh responsible for his companydition he started recording the statement of the patient at about 8 p.m. and that numberother doctor or nurse was with them at the time of recording the statement.
The total percentage of burns area was about 100.
Rajesh PW 10 Head Ct.
Jagbir Singh PW 5 L Ct.
In prosecution evidence, a total of 19 witnesses were examined namely, PW 1 Raju brother of deceased PW 2 Paali brother of deceased PW 3 Ct.
