Ram Chander and anr. vs State of Punjab

K.S. Bhalla, J.

Accused appellant Ram Chander, according to the prosecution, was running a foundry in Baba Jain Colony in a premises which was rented out by him. He had also rented out a house in Bhagat Singh Colony at a distance of about 112 k. m. from that foundry. He had two wives, namely Jasbir Kaur deceased and co accused Harbans Kaur. Harbans Kaur used to reside in the house in Bhagat Singh Colony while Ram Chander and Jasbir Kaur were keeping their residence in the premises of the foundry. Inderjit Singh (PW5) is also running a foundry in the same Baba Jain Colony and he too resides in his foundry premises at a distance of 125150 yard, from the foundry of accused Ram Chander.

On the fateful day i.e. 761987 at about 10 P.M. there was a brief quarrel between Ram Chander and his wife Harbans Kaur on one part and Jasbir Kaur on the other in former''s foundry premises during which Ram Chander called her vagabond and asked her to leave the house. She did not agree to the same and insisted to continue her stay there at which Ram Chander and his second wife Harbans Kaur sprinkled kerosene upon Jasbir Kaur and Ram Chander set her person on fire. Jasbir Kaur ran outside crying with her clothes ablaze. The commotion so created attracted Inderjit Singh (PW5). He tried to extinguish the fire and in so doing, in order to provide her relief, removed her burnt clothes. Jasbir Kaur was covered with a sheet and thereafter PW Inderjit Singh talked to P.S. Focal Point on telephone from a nearby factory. He was told by the police to shift the lady immediately to the hospital at which Jasbir Kaur in burnt condition was removed to Civil Hospital, Ludhiana. On the way to the hospital, on the asking of PW Inderjit Singh Jasbir Kaur disclosed that accused Ram Chander and Harbans Kaur had set her to fire after pouring kerosene on her.

Jasbir Kaur in burnt condition was admitted in Civil Hospital, Ludhiana, on 761987 at 10.45 P.M. by PW Inderjit Singh and it was noticed by Dr. Sumir Dogra, (PW2) that there was superficial to deep burns all over the body. Intimation to the S.H.O. Police Station Focal Point, Ludhiana was sent by the said Doctor vide docket, Exh. PD but before the docket could be despatched, police arrived in the hospital and the same was handed over to ASI Gurbachan Singh (PW6). The ASI enquired from Dr. Sumir Dogra (PW2) vide Exh. PE if Jasbir Kaur was fit to make statement and the Doctor vide his endorsement, Exh. PE/1 declared her fit to make statement at 10.35 P.M. Thereafter, statement Exh. PF of Jasbir Kaur was recorded in the presence of Dr. Sumir Dogra and the latter attested the same. It was then despatched to Police Station, Focal Point for registration of the case and on the basis of the same, a case against the accused under Section 307/34 of the Indian Penal Code was registered vide formal FIR, Exh. PF/3. The ASI then proceeded to the place of occurrence.

On arrival in Baba Jain Colony, ASI Gurbachan Singh (PW6) inspected the spot and prepared rough site plan. From inside the foundry premises of accused Ram Chander, empty tin, Exh. P/1 which was smelling kerosene and a matchbox, Exh. P/2 were recovered from outside the residential room and they were taken into possession vide recovery memo., Exh. P.K. He searched for the accused but they were not available.

Jasbir Kaur died in the hospital on 861987 at 4.25 A.M. and intimation with regard to her death was sent to Police Station, Focal Point, Ludhiana, vide docket Exh. PG. ASI Gurbachan Singh (PW6), the Investigating Officer of the case learnt about death at 8 A.M. through Exh. PM, copy of the DDR entry No. 25. The offence was thereafter changed to one under Section 302 of the Indian Penal Code and after despatch of special reports the ASI proceeded to Civil Hospital, Ludhiana. He prepared inquest, Exh. PB of the dead body of Jasbir Kaur and the same was thereafter sent for postmortem examination. Autopsy on the dead body of Jasbir Kaur was performed by Dr. G.S. Grewal (PW 1) on 861987 at 12.40 P.M. and according to the doctor the death was due to shock and cardio respiratory arrest due to extensive flame burns which were sufficient to cause death in the ordinary course of nature and were antemortem in nature. The probable time that elapsed between the injuries and detenu was about eight hours and between death and postmortem examination again was about eight hours. Exh. PA is the correct carban copy or the postmortem report and Ex. PA/1 is the pictorial diagram showing the seats of the injuries.

The accused could be arrested by ASI Gurbachan Singh (PW6) on 961997 only. On completion of usual investigation they were challaned.

On trial vide its impugned judgment dated 10.12.1987, the trial court convicted accused Ram Chander and Harbans Kaur under Section 302 of the Indian Penal Code read with Section 34 of the said Code and each of them was sentenced to undergo imprisonment for life as well as to pay a fine of Rs. 1,000/ in default of payment of which fine, the defaulter was directed to undergo rigorous imprisonment for a further period of one year. Feeling aggrieved by their conviction and sentence appellants Ram Chander and Harbans Kaur have preferred joint appeal Criminal Appeal No. 58DB of 1988.

The case of the prosecution mainly depends on dying declarations made by Jasbir Kaur deceased before her death. One such dying declaration is incorporated in Exh. PF which was recorded by ASI Gurbachan Singh (PW6) in the presence of Dr. Sumir Dogra (PW2). In that detailed statement, Jasbir Kaur has clearly stated that Ram Chander and Harbans Kaur put kerosene on her in the foundry promises of Ram Chander at Baba Jain Colony where she resided and Ram Chander set her person to fire thereafter. It is also mentioned therein that she ran ablaze outside and fell down on the ground from where she was removed by Inderjit Singh who also extinguished her fire. The said statements of her finds complete corroboration through statements of Dr. Sumir Dogra (PW2) and Inderjit Singh (PW5) as well as record of the police station. Dr. Sumir Dogra (PW2) has stated that the patient by which he means Jasbir Kaur was brought to the hospital on 761981 at 10.35 P.M. by PW Inderjit Singh. He has also stated that police arrived simultaneously and was informed through docket, Exh. PD at 10.35 P.M. with regard to arrival of the injured. The doctor has also supported the fact that the ASI enquired from him through Exh. PE if Jasbir Kaur was, fit to make statement and that he vide his endorsement Exh. PE/1 certified her to be fit for statement on 761987 at 10. 35 P.M. Statement, Exh. PF was complete at 10.55 P.M. and Dr. Sumir Dogra has made an endorsement thereon that the same was recorded in his presence on 7.6.1987 at 10.55 P.M. Inderjit Singh (PW5) has stated that he was attracted to the scene of occurrence by the commotion created in his neighbourhood and after extinguishing the fire of Jasbir Kaur in which process he had to remove her clothes, he, contacted Police Station Focal Point on telephone from a nearby facto and conveyed information with regard to her burning. He further stated that he removed the burnt lady to Civil Hospital, Ludhiana under instructions from the police. This fact is further supported by Exh. PJ. DDR No 24 dated 761987 of Police Station Focal Point, Ludhiana, wherein it is mentioned that at 10.25 P.M. a telephonic message from Inderjit Singh resident of Mohalla Baba Jain Colony was received that Jasbir Kaur, a woman was lying burnt with fire who was being taken to Civil Hospital. It is further mentioned thereinthat ASI Gurbachan Singh was deputed to proceed to Civil Hospital for taking further proceedings. All these attending circumstances make the dying declaration provided in Exh. PF natural and trustworthy. The mere fact that it was not recorded in question answer form nor by a Magistrate does not make much difference. Placed in the situation, ASI Gurbachan Singh could not possibly wait for the arrival of the Magistrate and necessary precautions were taken, by him to ascertain from the doctor that Jasbir Kaur was fit to make statement and also to record her statement in the presence of doctor on duty, Mr. Sumir Dogra (PW2). The entire statement was recorded in his presence and Dr. Sumir Dogra (PW2) has so certified on the statement itself through his endorsement, Exh. PF/1 which bears his signatures and stands proved on the record.

From what has been stated above, it has been proved on the record to our entire satisfaction that Inderjit Singh (PW5) removed Jasbir Kaur in burnt condition from the ground in front of the foundry, of accused Ram Chander to Civil Hospital, Ludhiana. He thus had the occasion to talk to Jasbir Kaur and was bound to have asked her how the occurrence took place. According to him, Shrimati Jasbir Kaur disclosed to him in his car on her way to Civil Hospital, Ludhiana that Ram Chander and Harbans Kaur after pouring kerosene on her set her to fire. This is the second dying declaration made by Jasbir Kaur and is entitled to great, probative value being voluntary and natural despite the same being oral. There was no reason whatsoever for PW Inderjit Singh to tell a lie on the point and to falsely implicate the accused. His suggested annoyance with Ram Chander due to latter''s not agreeing to compromise with Surjit Singh Gujjar is of no consequence and in no way be was interested for false implication of Harbans Kaur. Inderjit Singh being a neighbour is a natural witness an ASI Gurbachan Singh (PW6) has also stated on oath that he was present in the Police Station when PW Inderjit Singh spoke on telephone to Moharrir Head Constable of Police Station Focal Point, Ludhiana and that he was deputed by Inspector Balbir Singh to visit Civil Hospital, Ludhiana on receipt of said telephone.

The two dying declarations made by deceased Jasbir Kaur soon before death at two different occasions in a consistent manner deserve implicit and unreserved reliance particularly when the attending circumstances have made them natural and they were voluntary. It has not been shown on the record if any person contacted Jasbir Kaur before making those declarations and as such there was no occasion for her being tutored or influenced. On the other hand, the circumstances placed on the record are strongly indicative of their voluntary nature.

It is alleged in defence that Jasbir Kaur was not wife of Ram Chander and that she was not residing with him. It is further alleged that Ram chander had vacated the premises where he was running foundry about 20 days before the date of occurrence. Both these disclosures were made by Ram Chander in his statement recorded under Section 313 of the Code of Criminal Procedure for the first time and as such can well be said to be afterthoughts. Inderjit Singh (PW5) has clearly stated in his examinationinchief that accused Ram Chander had actually two wives, that her wife Harbans Kaur resided in Bhagat Singh Colony while Jasbir Kaur resided with the accused in the foundry premises and also that Ram Chander was running a foundry in Baba Jain Colony at a distance of 125150 yards from his foundry on the fateful day. This part of the evidence has not been challenged in crossexamination. It has not been suggested to the said witness who came into contact with Jasbir Kaur while she was lying ablaze on the ground in front of the foundry of Ram Chander, that Ram Chander had already left those premises or that Jasbir Kaur was neither his wife nor was residing with him in the said premises. No doubt it was put to him that be never saw accused Harbans Kaur in that premises but it was not suggested to the said Witness despite searching crossexamination running into six pages that Jasbir Kaur was not residing with Ram Chander in the said premises at the relevant time or that Ram Chander was no longer in possession of said premises. The contentions raised in defence, therefore, have rightly been rejected by the trial court.

It has also been made clear through medical evidence that Jasbir Kaur was not wearing any clothes when she was brought to Civil Hospital, Ludhiana. Inderjit Singh (PW5) has squarely stated that he removed the burning clothes from the body of Jasbir Kaur in order to give her relief. If that statement of Inderjit Singh is not to be believed for the reason that no such burnt clothes were produced before the police nor were taken into possession by it from the place of occurrence, it rather negatives the possibility of suicide. A person who commits suicide is not expected to become all naked before so doing. More so when she happens to be a woman. The recovery of empty tin. Exh. P/1 and a match box, Exh. P/2 from inside the foundry of Ram Chander accused also provides a corroborative circumstance to the case of the prosecution particularly when the lady in burn, condition was found lying outside the foundry. If it had been a case of suicide, she was not expected to run outside from the foundry but in a case of homicide the victim would always try to run outside in an attempt to save one''s life by attracting help through outsiders, the inmates having already acted against her.

For the foregoing reasons, to our mind, the prosecution has been able to bring home the guilt to both the accused beyond all realms of doubt and they have rightly been convicted by the trial Court. There is neither any scope for interference in sentence. The result is that we see no merit in this appeal and the same is, therefore, dismissed.