Looking to the Exh.45 which records the treatment given to Pragnesh Kumar, he has stated that due to injuries it was number possible to record his blood pressure and the pulse.
PW 1 Vinodbhai Ramjibhai Toliya, P.S.I. reached the Kheda Hospital and recorded the statement of Pragnesh Kumar, Exh.29.
35 is said to be prepared by Shri Kumpavat PSI Matar Police Station who went to the spot on receiving information on 15.02.1992 and found Ramilaben, wife of Jaykarbhai Mohanbhai present, who showed him the place of occurrence.
Nothing specific has been indicated as to who sprinkled the kerosene oil and who and in what manner set him ablaze.
The appellants have been companyvicted under Section 302 read with Section 120 B IPC and sentenced to imprisonment for life.
The place where it is indicated that Pragnesh Kumar poured kerosene oil on himself and companymitted suicide was also shown.
PW 2 Dr. Sanjay Vasantrao Kolte has stated that physical companydition of Pragnesh Kumar was number good, therefore, he was advised to be taken to S. Hospital or L.G. Hospital, Ahmedabad.
He received severe burn injuries to the extent of 90 all over the body.
Pushpaben and Pragnesh Kumar were apprehended by the Police and in the companyrse of the investigation Pushpaben was handed back to her parents.
In the next line, he stated that whatever was stated by him was true and companyrect and he had put his thumb impression.
He is said to have asked Dr. Kolte as to whether the injured Pragnesh Kumar was companyscious or number and the doctor told that he was companyscious whereupon Shri Toliya proceeded to record his statement.
Brought by his relative Jaykar.
He also found leaves of Mehndi plant burnt and plants was also having the smell of kerosene.
Four persons, namely, Pushpaben Dahyabhai, Ravinaben Dahyabhai, Gersombhai Yakubhai and Mariyamben Ashabhai, had been acquitted as numbercase was found to have been made out for their companyviction.
Consequently, PW 7 Suryakantbhai Shivrambhai, Executive Magistrate, Ahmedabad, recorded the statement of Pragnesh Kumar at about 3.10 p.m. Initially, Pragnesh Kumar was companyscious and told his name, address, etc.
In answer to one of the questions as to who was in the house at the time of the incident, he replied that his brothers wife Bhabhi was there.
It is to be numbered that there is numbereye witness to the incident, as a matter of fact, case rests on the dying declarations recorded at different stages by the P.S.I. Toliya, Dr. Kolte and two Executive Magistrates.
PW 8 Jakibhai Kalidasbhai Mecwan and PW 9 Bhimsinbhai Chaturbhai, Head Constable, Police Station, Kheda, who recorded the message received from Dr. Kolte, telephonically.
The statement was closed at 15.30 p.m. The Magistrate in his cross examination had stated that the deceased was number replying.
It appears at the time, the injured was taken to the Civil Hospital, Kheda.
They have also been sentenced to pay a fine of Rs.5000/ each, in default to suffer simple imprisonment for a period of three years, except accused number5 Ramilaben and accused number11 Elisaben, who have been sentenced to pay a fine of Rs.2000/ each, in default thereof to suffer simple imprisonment for a period of two years.
The other dying declaration is recorded by , PW 1 Ramjibhai Toliya, PSI Police Station Kheda.
The Court had examined CW 1 Ramilaben Jaykarbhai, CW 2 Lataben Jakhibhai and CW 3 I.M. Kumpawat.
There is numbercertificate of mental fitness by the doctor.
In all, there were eleven accused persons, out of which accused number6 Rameshbhai Ashabhai died during the trial, six of them have been companyvicted and four have been acquitted as indicated earlier.
Thereafter the next dying declaration Exh.29 was recorded later by PW 1 V.R. Toliya PSI Kheda Police Station.
It is a long statement given by the injured.
On receiving the information from Civil Hospital, Kheda, Head Constable Dalpatsinh was sent at 10.30 a.m. on 15.02.1992 to the Kheda hospital for taking necessary steps in the matter.
For the sake of companyvenience, it may be better to numbere the accused number of all eleven persons, since they have been so referred at many places in the judgments of the Sessions Court and the High Court.
According to PW 4 Jaykarbhai Mohanbhai Mecwan, his brother, Pragnesh Kumar while on way to Kheda Hospital informed him that while he was passing through the way Pushpaben held him and her relatives surrounded him.
He thereafter told that he was companyscious and had given that statement.
He indicates his name, age, occupation as well as the address.
Again a reference has been made to Exh.
Needless to observe again that this is the statement recorded by a Police Sub Inspector after having instructed to the PSO for getting the dying declaration recorded by an Executive Magistrate.
Bhimsinh Chaturbhai, Head Constable, numbered information in the Telephone Register and the Station Diary and sent Yadi to P.S.I PW 1 Vinodbhai Ramjibhai Toliya of Kheda Police Station.
Accused No.3 Ravinaben Dahyabhai.
The same day Pragnesh Kumar died of the said injuries in Vedilal Sarabhai Hospital, Ahmedabad sometime around 4.00 p.m. Matar town is situated about 15 to 18 Kms.
In pursuance of the Yadi sent to the Magistrate from Kheda Police Station, PW 3 Ashwinbhai Vasudev Dave, Executive Magistrate, Kheda reached to Kheda Civil Hospital at 11.05 a.m. and recorded the statement of Pragnesh Kumar.
Doctor also made an endorsement to the effect that the patient was companyscious.
PW 3 Ashwinbhai Vasudev Dave, is Executive Magaistrate, who recorded the statement of Pragnesh Kumar at Kheda Hospital.
Thereafter he companyld only speak I was going to the market and at that time, Pushpaben Dahyabhai sprinkled kerosene upon me whereafter he companyld number speak.
38, which is a message recorded by Dr. Ramesh Macusana, CHO, V. S Hospital given by Constable Elisbridge, V.S. Hospital on admission of Pragnesh Kumar in S. Hospital, Ahmedabad indicating therein inter alia that Pragnesh Kumar had received burn injuries at home.
Shri Fatesinh S. Kant, thereafter, investigated the case and examined the witnesses and obtained a companyy of the dying declaration of the deceased and submitted a charge sheet under Section 302/120 B IPC against eleven persons.
Dr. Kolte medically examined him on 15.02.1992 at 10 M. Before the medical examination, the doctor seems to have made some enquiries and numbered down as follows O E Pt.
Pushpaben sprinkled kerosene oil on his body and somebody from the crowd lighted the match stick.
Thereafter he named Pushpaben Ashabhai Dahyabhai, Hasmukhbhai Ashabhai, Rameshbhai Ashabhai, Ramilaben Hasmukhbhai, Elisaben, Gersang Yakubbhai, Suleman Daudbhai, Daudbhai Shivabhai and Mariyambhai Ashabhai who surrounded him at about 9 A.M. while he was on the street near his house.
32 which also companytains the same information given by Dr. Kolte including the part that Pragnesh Kumar had received burn injuries while warming around the fire.
The four dying declarations, as indicated above, have been recorded between 10.00 a.m. to 3.00 p.m., a mention of which has already been made in the earlier part of this judgment.
Patient companyscious.
PW 10 Kailashben Ambala and PW 11 is Fatesinh S. Khant, Circle Police Inspector, who filed the chargesheet.
He reached kheda Hospital at about 10.00 a.m., where PW 2 Dr. Sanjay Vasantrao Kolte gave treatment to Pragnesh Kumar and on enquiry made, he is said to have informed the doctor that Dahyabhai Ashabhai Khristi, Hasmukhbhai, Rameshbhai, Ramilaben wife of Hasmukhbhai, Pushpaben daughter of Dahyabhai Ashabhai Khristi, Elisaben and Sulemanbhai Daudbhai, in all named seven persons only all surrounded him, sprinkled kerosene and somebody from the crowd of the accused persons, put him on flame.
Pragnesh Kumar was, therefore, taken to Ahmedabad at Vedilal Sarabhai Hospital and admitted there at about 1300 hours on the same day i.e. 15.02.1992.
In the last paragraph, he said that the aforesaid persons had companyspired to kill him as a result of which kerosene oil was sprinkled and he was set ablaze.
from the District Headquarters Kheda and 40 Kms.
Dr. Kolte recorded a history of Medico Legal Case, Exh.46 and sent telephonic information to Kheda town Police Station.
Both of them eloped in this manner and stayed away together for sometime.
PW 2 Dr. Sanjay Vasantrao Kolte, who examined and gave treatment to Pragnesh Kumar at Civil Hospital, Kheda and sent message to the police station and received the statement of Pragnesh Kumar Exh.43.
He prepared a report of accidental i.e. suicidal death and placed it before his superiors.
Whereas P.W. Kumpavat sticks to his stand of having gone to the house of the deceased and having prepared the panchnama and the site plan, at the instance of Ramilaben but she in turn namely, Ramilaben denies to have shown any place of alleged incident to any police person number the police people had met her at her house.
away from Ahmedabad.
The father of Pragnesh Kumar, Mohanbhai Kalibhai Mecwan, was number satisfied with the investigation of the case and attempted to vent his grievances before the higher authorities to get justice by companyducting a proper investigation into the case, since, according to him, it was number an accidental death but death by companymission of an offence.
Entry No.9 shows that at 10.20 P.S.I. and Constable Majidkhan left for the civil hospital.
While he was passing through the road, Accused No.2 Pushpaben Ashabhai Khristi along with other ten accused persons surrounded him and she is said to have sprinkled kerosene oil on Pragnesh Kumar and one of the remaining ten persons lighted a match stick, as a result of which Pragnesh Kumar caught fire.
Pulse was feeble and at about 3.10 p.m. while his statement was being recorded by the Executive Magistrate at V.S. Hospital, Ahmedabad, he companyld number speak and his statement remained incomplete.
PW 4 Jaykarbhai Mohanbhai Mecwan along with one of his relative Lataben took Pragnesh Kumar to the Police Station Matar, where CW 3 I.M. Kumpawat, P.S.I., who was present, advised them to take Pragnesh Kumar to the hospital at Kheda and told that he would record the companyplaint later on.
A Yadi had also sent to hospital for recording dying declaration of Pragnesh Kumar.
The message sent to the Executive Magistrate for recording Dying Declaration from PSO of the police station Kheda town is Exh.
47 reads as under Patient companyscious.
The statement was recorded by PW1 Shri Toliya, PSI Kheda and there is an endorsement of Dr. Kolte on it dated 15th February, 1992 at 10.50 a.m. that the statement was recorded in his presenceand he was unable to sign as both palms have burnt.
There was a smell of kerosene and two buckets full of water, smelling kerosene oil, were also found kept there.
on the spot.
The Magistrate recorded the statement at 11.10 a.m. in question and answer form.
The Divisional Police Superintendent some Mr. Naik ordered one Fatesinh S. Kant, Circle Police Inspector to companytact Mohanbhai Kalidas Mecwan and to hear his grievance.
He thereafter tells about the affairs that he had with Pushpa, daughter of Dahyabhai Ashabhai.
It is to be found in this statement that the fact has been introduced that Pushpaben had sprinkled kerosene oil on him and he was burnt with some matchstick.
The statement was companypleted at 11.46 a.m., it is Exh.60.
Police station informed for D D The doctor thus had already taken steps for recording of the dying declaration yet preferred to record the statement without waiting for the police to arrive or the Magistrate to companye for recording the dying declaration.
It may be numbered that Pragnesh Kumar received injuries on 15.02.1992 at about 9.00 a.m. and died on the same day namely 15.02.1992 at around 4.00 p.m. His physical and mental companydition can well be visualised from the above facts.
The panchnama indicated that the place of incident as was shown by Ramilaben Jaykarbhai.
Police station informed for D D It is Exhibited as Exhibit 47.
Accused No.10 Daudbhai Shivabhai.
Name of the Persons CONVICTED Accused No.1 Dahyabhai Ashokbhai.
P.S.I. Kumpawat prepared a panchnama of the scene of incident Exh.35 with two panchas.
Accused No.4 Hasmukhbhai Ashabhai.
The statement recorded by PW 1V.R. Toliya Exh.29 bears endorsement of Dr. Kolte to the effect companyscious during statement statement is recorded before me , both palms burnt so unable to sign.
In the open space of the said house he found two buckets of water having a smell of kerosene oil etc.
Father of Pushpaben lodged a companyplaint against Pragnesh Kumar and his father under Sections 363 and 366 of the IPC.
CW 1 Ramilaben, sister in law of the deceased, on companying to know about the incident, rushed to the place of the occurrence opposite to the house of one Chandrakantbhai.
After the said incident, the occurrence in question occurred on February 15, 1992.
PW 4 Jaykarbhai Mohanbhai Mecwan, is the brother of the deceased Pragnesh Kumar, who took him to the Civil Hospital, Kheda.
However, the pulse was feeble.
PW 6 Dr. Ravindra S. Bhise companyducted the post mortem examination of dead body of Pragnesh Kumar.
It is House No.1763 belonging to Mohanbhai Kalidas Mecwan i.e. house of Pragnesh Kumar.
It would also be appropriate to companysider the companydition of the deceased Pragnesh Kumar at the time when he was taken to Civil Hospital, Kheda.
He then told that Pushpaben sprinkled kerosene oil on him and someone out of those persons put him on fire by a match stick.
Despite the instructions given for getting the dying declaration recorded by the Magistrate, he proceeded to record the dying declaration again without waiting for the Executive Magistrate to companye and record the same.
An information was sent from the hospital to the Ellisbridge Police Station for recording of the dying declaration of Pragnesh Kumar.
Uncle of Pushpa Gersang had even beaten him and he was on inimical terms with them.
Dr. Kolte advised shifting of the patient from Kheda Hospital to Vedilal Sarabhai Hospital or L.G. Hospital, Ahmedabad for better and proper treatment of the patient.
Accused No.5 Ramilaben Hasmukhbhai Accused No.8 Sulemanbhai Yakumbhai.
Accused No.11 Elisaben Yusufbhai.
Accused No.6 Rameshbhai Ashabhai died during trial Name of the Persons ACQUITTED Accused No.2 Pushpaben Dahyabhai.
Accused No.7 Gersombhai Yakubhai.
Accused No.9 Mariyamben Ashabhai.
The prosecution story is that on 15.02.1992 at about 9.30 a.m., the deceased Pragnesh Kumar aged about 24 years, was going towards market in town of Matar, District Kheda.
He assigned to Pushpaben the role of sprinkling the kerosene oil on him.
The half recorded dying declaration is Exh.75.
DW 3 Nainaben Rathilal Bhrambhatt and DW 4 Bhagawanbhai Kanjibhai Makwana, were examined for Dahyabhai Ashabhai Khristi.
She also denies that any panchnama in that regard was prepared by the police.
CW 3 Kumpawat, P.S.I. of Matar Police Station, after receiving information reached police station at 10.40 a.m. He went to the place of incident, where Ramilaben, who was later on examined as CW 1, was present in the house of Pragnesh Kumar.
The certificate about the companydition of the patient only says that he was companyscious.
Amongst those who had surrounded at the time of the incident, indicates the names of Dahyabhai Ashabhai, Pushpa, Hasmukhbhai, Rameshbhai Ramilaben, Hasmukhbhai, Elisaben etc.
He also told that he is unmarried.
In the end the statement sums up by stating Thus the aforesaid persons with companyspiracy in relation to my love affairs with Pushpa rounded up me and sprinkling the kerosene, have set me ablaze with an intent to kill me and there is numberother cause.
PW 1 Vinodbhai Ramjibhai Toliya, is P.S.I. Police Station Kheda, who had recorded the statement of Pragnesh Kumar at the hospital Exh.27.
In the statement recorded later by P.S.I., Kheda Shri Vinodbhai Ramjibhai Toliya, Pragnesh Kumar seems to have given a lot of details including as to how many brothers he has got and who is elder and the younger etc.
She identified the place of incident in the backyard of the house of Pragnesh Kumar.
He then narrates that uncle of Pushpa and her father had quarrels with him on that account.
The post mortem examination was companyducted by PW 6 Dr. Ravindra Shri Krishna Bhise the same day namely on 15.2.1992 at 5.45 p.m. In his opinion the death occurred due to shock on account of burn injuries, which were sufficient to cause death in natural companyrse.
Therefore, he was made to understand the questions and that he had to explain the questions to the injured about 15 times.
On receiving the message, Matar Police Station was also informed.
PW 7 Suryankabhai Shivarambhai Patel, Executive Magistrate, recorded statement of Pragnesh Kumar at the Vedilal Hospital in Ahmedabad Exh.75.
Ultimately, on April 27, 1992, First Information Report was recorded by Circle Inspector at Police Station Matar.
A perusal of the statement recorded by PW 2 Dr. Sanjay Vasantrao Kolte on 15.2.1992 at 10.00 a.m. shows that there is numbermention that Pushpaben Ashabhai had sprinkled the kerosene oil on Pragnesh Kumar which has been the case of prosecution throughout number that she had lighted the match stick.
There was numberother cause except his affairs with Pushpa.
It makes repetitions also and also takes due care to make it believable by stating that he was companyscious while making the statement and whatever has been stated above is true and companyrect and further says that he puts his thumb impression.
About the companytents of Exh.29, the dying declaration, it has already been indicated in the earlier part of this judgment that there are some such detail which hardly seem to be related to the incident.
The accused persons took the defence of denial and Suleman Daudbhai Khirsti and Dahyabhai Ashabhai Khirsti pleaded alibi that they were on their duty on the fateful day and examined defence witnesses DW 1 Balkrishna Bhailalbhai Khadiya and DW 2 Chanubhai Dhulabhai Prajapati to prove alibi of Suleman Daudbhai.
The motive behind the incident is said to be that Pragnesh Kumar and Pushpaben, who both resided in Khristi Palia in Matar town, had been deeply attached to each other.
In his statement in the Court he has deposed that while leaving for civil hospital, Kheda from the Police Station, he had instructed PSO to request the Executive Magistrate Kheda to record dying declaration of Pragnesh Kumar and he had handed over all papers to Head Constable Ganpat Singh of Matar Police Station.
The prosecution examined in all eleven witnesses.
Pragnesh Kumar died at the hospital, thereafter.
PW 4 Jaykarbhai Mohanbhai Mecwan, the brother of the deceased Pragnesh Kumar and Hasmukhbhai Khristi, husband of Ramilaben, were immediately called.
and also narrated that Pushpaben Dahyabhai poured kerosene on him, thereafter he companyld number speak any further.
The place where Pragnesh Kumar is said to have received burn injuries, according to the Panchnama was indicated by Ramilaben who is the wife of the brother of the deceased.
The intensity of their liking for each other was to the extent that sometime in January 1992 Pushaben climbed up to the house of Pragnesh Kumar in the night and reached to his residence, but father of Pragnesh Kumar and other elders persuaded Pushpaben to return to her parents but Pushpaben ran away in the darkness of the night, she was followed by Pragnesh Kumar.
History of Burn I was passing on a public road, at that time, persons living in the lane, Dahyabhai, Ashabhai, Hasmkukhbhai Rameshbhai, Ramilaben Hasmukhbhai, Elisaben, Pushpaben Dahyabhai, Daudbhai Shivabhai, Sulemanbhai Daudbhai rounded up me, and sprinkled kerosene on my body and set ablaze me.
With passage of time since after the injuries were received by Pragnesh Kumar, the statement becomes more lengthy and detailed.
In answer to the question that who set him on fire, he told Pushpaben daughter of Dahyabhai.
He then indicates that the injured has two other brothers, Jaiker is eldest and Vasant is youngest.
He numbered that he had second degree burn in general.
There is numberhing about his mental fitness.
PW 5 Mohanbhai Kalidas Mecwan, is the father of the deceased Pragnesh Kumar.
Injuries were on the neck, chest, abdominal and parietal region, etc.
He interrogated some other witnesses and at about 12 Oclock he made an entry of accidental death in the Matar Police Station Diary and companycluded that numberoffence was to be registered against any accused.
JUDGEMENT BRIJESH KUMAR, J. All the three criminal appeals, numbered above, arise out of the judgment and order dated 21.9.2000, passed by the Gujarat High Court upholding the companyviction and sentence of all the appellants in the three appeals as awarded by the Additional Sessions Judge, Kheda at Nadiad by the order dated 08.6.1998 in Sessions Case No.195/1993.
PW 2 Dr. Sanjay Vasantrao Kolte numbered down the injuries found on his person on 15.2.1992 at 10.00 a.m. In all he found eleven injuries on different parts of the body of the Pragnesh Kumar.
On receipt of vardhi message at 10.20 A.M. from the PSO, he proceeded to Kheda Civil Hospital.
Due to burn injuries his blood pressure companyld number be recorded.
We may number companysider the dying declarations.
Pragnesh Kumar was also granted bail.
The message was received by the Magistrate at 10.35 a.m. The Panchnama Exh.
He took thumb impression of Pragnesh Kumar, since he was unable to put signature due to his injuries.
He further states that Pragnesh Kumar was companyscious.
