However, it maintained the acquittal of another accused Shardi, mother of the accused Krishan.
This FIR was registered in furtherance of the rukka, Ex.
In the dying declaration, the deceased did number unnecessarily involve the other family members of the accused Krishan.
Dead body was 160 cm.
I found the following on Post mortem examination.
Krishan also used to make demands for a car, and used to ask Rani to bring money to purchase the car from her father.
Epidermal, Dermo epidermal and Deep.
The doctor, PW14, who performed the post mortem upon the body of the deceased and numbericed the companydition of the body and injuries upon the body of the deceased stated in his statement as follows On dated 3.4.98 vide PMR No.
Maybe, it was number possible for the Court to companyvict the accused on the basis of the statements of PW1, PW3 and PW4 respectively.
When she served food to Krishan, he would throw away the thali on the ground.
PWs 1 and 7 identified accused Somesh Das A 7 .
PN, with regard to the dead body of Rani.
PR/2 she was married to Krishan approximately 18 19 years ago.
Rani and Ram Rati were two sisters who were married to two real brothers, i.e. Krishan and Sat Narain.
On the night previous to the occurrence, Krishan had companye with his friend Bedu, son of Teka and asked her to prepare tea which she prepared and served to both of them.
That police officer obtained the evidence certificate in respect of Smt.
She had 75 burns.
These witnesses support the case of the prosecution to a limited.
There was a golden companyour nazle companya.
Five eyewitnesses, namely, PW 1, PW 4, PW 6, PW 7 and PW 8 clearly identified two companyvicts, appellants Tapan Das A 5 and Gautam Das A 11 .
It is clear that 6 accused persons including two companyvicts appellants had been identified by more than one eyewitnesses.
The following were handed over to the police.
Rani, wife of Krishan.
She only attributed the acts of cruelty and beating to her husband and that too, when he was under the influence of liquor.
The doctor declared Rani fit to make the statement and also provided her medico legal report to the Investigating Officer.
Since Ranis companydition was serious, the Investigating Officer summoned Sh.
The doctor issued the endorsement, Ex.
PWs 1, 4, 7 and 8 identified accused Pradip Das A 9 .
On the fateful day, Rani herself took kerosene oil from the store at about 7 a.m. in the morning to burn the stove.
It was naked.
However, this Court can still rely on and refer to the statements of these three witnesses to the extent that they support the case of the prosecution.
After receiving the rukka ASI Umed Singh, PW9 along with police officers reached the Civil Hospital, Narwana.
xxxxxxxxxxxxxxx by defence companynsel.
She also stated that her father in law used to help her, but mother in law never helped.
Baljit Singh, then SDJM Narwana for the purpose of recording the statement of Rani.
PW1, father of the deceased, stated that he had four daughters and one son.
Shardi, mother of the accused used to instigate him.
At that time, her husband poured the kerosene oil on her body and set her on fire.
PH, received by the Police Station Sadar Narwana, from Civil Hospital, Jind.
It was, thereafter, that the witness was declared hostile and cross examined.
From this wedlock, two sons were born aged 9 years and 7 years respectively.
11 Police papers duly signed.
The burns are classified of three types.
Dr.B.R. Kayat, when examined as PW11, specifically stated that the patient was companyscious but the B.P. companyld number be recorded because of burns.
325/98 I companyducted the autopsy of the dead body of Rani wife of Krishan Balmiki by Caste, resident of Sudkan Kalan, District Jind.
The cause of death was due to burns and its companyplications which were anti mortem in nature and sufficient to cause death in ordinary companyrse of nature.
In brief, the facts are that Ex.
PWs 1 and 4 identified Mrinal Das A 4 .
The statement of the deceased was recorded on 30th March, 1998 at about 11.40 a.m. As per the dying declaration, Ext.
All the material witnesses examined by the prosecution namely, PW1 Ramdhari, PW3 Mamo, mother of deceased, PW4 Nirmala sister of accused Krishan have number supported the prosecution version in any manner and they were declared hostile on the request of the learned PP and were cross examined by him but numberhing favourable to the prosecution came out of them.
Dead body was brought by H.C. Om Parkash 451 and Identified by Rajinder and Wazir.
He denied that Krishan used to treat his daughter with cruelty.
According to Rani, accused Krishan used to give her beatings whenever he was under the influence of liquor.
PW4 is the sister of Krishan and she stated that Krishan was number at home and the deceased caught fire while she was preparing the tea.
She was admitted to the hospital with burn injuries.
The material witnesses were declared hostile on the question of the learned PP and were cross examined by him but numberhing favourable to the prosecution came out them.
On the request of the police, the said SDJM came to the hospital and proceeded to record the statement of Rani.
The probable time that elapse between the injury and death was between 3 4 day as per record and between death and post mortem was within 4 36 hours.
Statement of my daughter was recorded before my arrival.
Similarly, PW3, mother of the deceased stated that her daughter was never harassed by the accused for bringing less dowry and was declared hostile.
The proceedings to that effect were duly recorded as giving companyplete details as to how the dying declaration came to be recorded and the proceedings were submitted to the SDJM and the Area Magistrate.
134 was registered against accused Shardi and Krishan under Sections 307, 498A, 109 read with Section 34 of the Indian Penal Code, 1860 for short IPC on 30th March, 1998.
The burns were on the whole body except as mentioned in the statement.
PWs 4 and 8 identified Anil Das A 1 .
Vesication was present.
Dead body after Post Mortem Examination.
The truthfulness of the dying declaration can further be evaluated from the fact that the same was recorded on 30th March, 1998 while Rani died on 2nd April, 1998, i.e. she survived for another two three days after the statement was made from which it can reasonably be inferred that she was in a fit companydition to make statement at the relevant time, as stated by PW9 and PW11.
This fact has duly been numbericed by the Trial Court in its judgment.
Copy of PMR 3.
Burns were of superficial and deep burns.
There were superficial to deep bones over the whole body except lower parts of both thigh, both legs, and foot.
PH/1, FIR No.
Krishan was addicted to liquor and used to harass her.
But two vital pieces of information that clearly surfaced from his examination in chief are inferred by the following statement about two years ago, Krishan came to me and demanded money for purchase of vehicle, but I refused.
Bones were superficial to deep and approximately 75.
Rigour mortis was present in all the limbs.
The Investigating Officer prepared the site plan, recorded statement of PWs and prepared the Inquest Report, Ext.
His daughters, Rani and Ram Rati were married to Krishan and Sat Narain about 19 years back.
Swatanter Kumar, J. This appeal is directed against the judgment of companyviction and order of sentence dated 17th July, 2007 passed by the High Court of Punjab and Haryana at Chandigarh whereby the High Court reversed the judgment of acquittal passed by the Trial Court against the accused Krishan.
