State of Haryana vs Inderjit Singh alias Babli and ors.

J. S. Sekhon, J. (Oral)

Mst. Nirmal Kaur deceased was married with Amarjit Singh about 81/2 years prior to this occurrence. Mst. Iqbal Kaur accused is her motherinlaw while Mst. Harjit Kaur is the husband''s brother. All the accused persons alongwith the deceased and aforesaid Amarjit Singh used to reside in village Bahadurpur jointly. Sarwan Singh father of the deceased resided at Delhi. The deceased was blessed with two sons and a daughter out of her cohabitation with her husband Amarjit Singh. The accused were not satisfied with the dowry given by Sarwan Singh PW on the occasion of the marriage of his daughter Mst. Nirmal Kaur deceased and used to harass her on this score. On the occasion of the marriage of Mst. Harjit Kaur accused, Mst. Nirmal Kaur was forced to fetch Rs. 4,000/ her father Sarwan Singh PW. This money was paid by Sarwan Singh with the hope that these accused would treat his daughter nicely. Again on the occasion of the marriage of Inderjit Singh accused, a demand of Rs. 5,000/ was satisfied by Sarwan Singh PW on the same hope of rehabilitation of his daughter in a proper and nice manner. Sarwan Singh PW later on demanded the refund of this amount but the accused declined to refund the same and started maltreating Mst. Nirmal Kaur. The relations between the parties become strained to that extent the Amarjit Singh or any of the accuseddid not attend the marriage of two brothers of Mat. Nirmal Kaur deceased.

With this background of strained relations on 1021985 at about 11 AM, Mst. Nirmal Kaur received burns in the kitchen of her inlaws'' house. She was removed to Civil Hospital, Yamuna Nagar by her husband Amarjit Singh where Lady Dr. Sudha Sharma PW I medically. examined her at 1.55 P M. and observed superficial skin burns over face, neck, ears, anterior chest, back chest. anterior, abdomen. back, gluteal region, both of her arms, legs and dorsal aspect of the feet. She also observed singeing of hair of anterior and posterior scalp, eye brows, eye lashes, axilary as.and pubic hair. The skin was peeled off at places. The injured was conscious with sound heart beat. The doctor sent to intimation Ex. PA alongwith the medico legal report to the local police on receipt of which ASI Amar Singh of Police Station City Yamuna Nagar arrived in the hospital and recorded statement Ex. PD of the deceased after verifying at 3.15 P.M. about her fitness to make statement. The deceased had signed this statement and the doctor attested it. No case on the basis of this statement was registered at the police station by the Police of Police Station Sadar, Yamuna Nagar as in that statement Mst. Nirmal Kaur had depicted that she had received accidental burns. An entry in the daily diary register was made on the basis of this statement. The injured was shifted to PGI Chandigarh on the advise of the doctor where Dr. Samir Rai, Junior Resident of the department of Surgery admitted her and sent intimation Ex. PH to the Police Post, PGI, Chandigarh regarding her admission with 100% burns.'' On receipt of this intimation, ASI Prem Nath PW6 tried to record the statement of the victim after obtaining opinion of the doctor whether she was fit to make the statement but Dr. Misra opined that she was not in a fit condition to make the statement vide his endorsement Ex. PJ/1.

In the meanwhile on getting a telephonic message regarding this episode, Sarwan Singh PW father of the deceased alongwith his sister Mst. Krishna Rani PW8 arrived in the PGI, Chandigarh at about 10:30 P.M. on 1021985, and found his daughter, in the Emergency Ward ofthe hospital. Amarjit Singh and Mst. Iqbal Kaur accused were then present there and apprised him that they had already got recorded the statement of Mst. Nirmal Kaur in their favour. At about middle of the night, Mst. Nirmal Kaur apprised her father Sarwan Singh that she has committed suicide as she was beaten by Inderjit Singh accused on 921985 for pressurising her to fetch money from her parents and that her motherinlaw Mst. Iqbal Kaur and sister inlaw Mst. Harjit Kaur had taunted her for having brought insufficient dowry besides levelling false allegations against her character and that she was forced to commit suicide by setting herself on fire after sprinkling kerosene oil as she could not tolerate the above referred treatment. On receipt of message Mst. Krishna Rani PW8 sister of Sarwan Singh PW, who resided at Yamuna Nagar, also arrived in the hospital at Chandigarh on 11 2 1 9 85. She then met Mst. Nirmal kaur at about 3/4 P.M. in the hospital. On her enquiry Mst. Nirmal Kaur again repeated the same version as she had already given to her father. ASI Prem Nath of Police Post, PGI, Chandigarh had sent intimation to the police of Police Station Sadar, Yamuna Nagar regarding the admission of Mst. Nirmal Kaur in the hospital. When no police of police station arrived in the hospital at PGI, Chandigarh, he again contacted Dr. Rajan Saxena PW3 regarding the fitness of the deceased to make the statement. The doctor declared her, fit to make the statement and accordingly this police officer recorded her statement Ex. PK, at 6.15 PM., in the presence of Dr. Rajan Saxena PW3 which was thumbmarked by the deceased and attested by Dr. Saxena. This statement was sent to Police Station Sadar, Yamuna Nagar where on its basis ASI Jagdish Ram PW 9 recorded first information report Ex. PK/2 at 8.45 PM for an offence punishable under section 306 of the Penal Code against Inderjit Singh, Mst. Iqbal Kaur and Mst. Harjit Kaur accused. Thereafter, this police officer went to the spot alongwith Balbir Kaur and prepared its usual site plans Ex. PR and Ex. PS. He also got the scene of crime photographed from Bhim Sain Photographer PW5. He took in possession burnt ash and some partly burnt clothes from the place of occurrence vide memo Ex. PT after putting these in a scaled parcel. The stove Ex. P 8 alongwith matchbox Ex. P9 were also found lying near the place of occurrence and seized vide recovery memo Ex. PU. The statements of various witnesses were also recorded.

Unfortunately, Mst. Nirmal Kaur succumbed to the burn injuries in PGI. Chandigarh at 8.45 PM on 1221985. On receipt of intimation of her death, ASI Prem Nath drafted inquest report of the dead body and got it subjected to postmortem examination. The autopsy was conducted by Dr. Jasjit Singh PW2 alongwith Dr. J. K. Kalra. They found superficial 9% burns all over the dead body except on some portion of the scalp, front of upper part of the chest and vulva. The blood vessels and meninges of the brain were congested. Larynx, trachea, lungs and kidneys were also found congested. In their opinion, the cause of death was due to shock and toxaemia resulting from 94% burns. The injuries were antemortem and sufficient to cause death in the ordinary course of nature.

After arrest of the accused and completion of investigations, all the accused were sent up for trial on such like allegations.

Before the trial Court, the prosecution examined as many as nine witnesses. All the accused when examined under section 315 of the Code of Criminal Procedure by the trial Court set up the plea of denial simpliciter and false implication. They further stated that Mst. Nirmal Kaur deceased alongwith her husband Amarjit Singh used to reside separately from them. The accused, however, did not lead any evidence in defence despite being called upon to do so.

The trial Court believing the first dying declaration Ex. PD of Mst. Nirmal Kaur deceased coupled ''with the other circumstances acquitted the accused respondents of the above refer red charge under section 306 of the Penal Code by holding that it was a case of accidental fire. The State being aggrieved against that order has come up in appeal.

We have heard the learned counsel for the parties besides perusing the record very carefully and in view of the sanctity of the matter involved.

Apart from the oral assertions of Sarwan Singh father and Mst. Krishna Rani sister of the father of the deceased, there is no other evidence to establish that the accused used to maltreat Mst. Nirmal Kaur on the ground of having brought less dowry on the occasion of her marriage which took place 81/2 years prior to this occurrence. It is not even the case of these witnesses that the deceased was ever turned out by the accused from their house or that they were forced to pay some amount to them for her rehabilitation. The version of Mst. Krishna Rani about the deceased having apprised her on 921985 that her inlaws were demanding Rs. 10,000/ from her in order to established business of running a shop of electric goods is not even supported by Sarwan Singh father of the deceased although the latter had met his sister Mst. Krishna Rani before making his statement before the police. If actually such a demand was put up by the accused one day prior to this occurrence, then Mst. Krishna Rani was,bound to inform her brother Sarwan Singh of this episode and it would have figured in the statement of the latter. The matter does not rest here as this demand of Rs. 10,000/ even does not figure in the dying declaration Ex PK of the deceased. Consequently, this version appears to have been fabricated in order to suit the exigencies of the case for showing that this was immediate cause for the victim to commit suicide. The factum of payment of Rs. 4,000/ on, the occasion of the marriage of Mst. Harjit Kaur accused or paying Rs. 5,000/ on the occasion of the marriage of Inderjit Singh accused by Sarwan Singh PW7 is also of no consequence as he has stated that it was taken by way of loan and the accused refused to refund the same when he asked to do so. Thus the version of Sarwan Singh PW that he was forced to pay this amount to the accused on the asking of his daughter on consideration that the accused would treat her nicely runs contradictory to the version of advancement of loan because in that case he would have gifted this amount to the inlaws of her daughter.

Under these circumstances coupled with the factum that Mst. Nirmal Kaur was residing with her husband Amarjit Singh and she was blessed with two sons and a daughter clearly shows that the relations between the husband and the wife were cordial and healthy. Thus it is too preposterous to believe that the accused was maltreating the deceased on account of her having brought less dowry especially when it is not the case of Sarwan Singh or Mst. Krishna Rani that on the occasion of any birth of any of the children of deceased, the accused had put up any unreasonable demand of gifts etc. which is usual in the Indian Society.

The most material aspect of this case pertains to the controversy whether the dying declaration Ex. PD of Mst. Nirmal Kaur deceased is more credible or dying declaration Ex. PK. The dying declaration Ex, PD was recorded by ASI Amar Singh in the presence of Dr. Sudha Sharma PW1. This doctor had attested this dying declaration after the deceased had appended her signatures is more authentic than thumbmarking a document because thumb impressions can be obtained of the person with force also. Keeping in view that the doctor belonging to the tender sex would have more sympathies with the victim of her sex who had received burns at the house of her in laws, there is absolutely no escape but to believe the testimony of this doctor that ASI Amar Singh had recorded the statement Ex. PD at the instance of the deceased. The verbal translation of the dying declaration Ex. PD reads as under :

"I am a resident of village Bahadurpur. My marriage had taken place about 8 years ago. I have three children. Today at 11 AM, I started burning the stove for preparing tea. When I started pumping the stove, kerosene oil fell on my clothes. After pinning the stove, I lit the match stick. At this my salwar caught fire. I raised alarm saying ''Bacha Lo Bacha Lo'' (Save, Save). Then I came outside My fatherinlaw came running. Thereafter, ash was put on me in order to extinguish the fire which had caught my clothes. The fire was got extinguished. Name of my fatherinlaw is Shri Amrik Singh. My husband is employed as Electrician in the Sugar Mills,Yamuna Nagar My clothes all of a sudden caught fire during, my preparing tea at the stove and nobody has set it.

Sd/Nirmal Kaur

(In Hindi)

Attested.

Sd/ Sudha Sharma,

H.O.C.G Yamuna Nagar, 1021985

Nar Singh s/o Net Ram r/o Bahadur Pur

Sd/ Nar Singh (In English) Chander Bhan

s/o Ganpat Rai R/o Bahadurpur

Sd/ Chander Bhan

(In his own hand in Urdu

A bare glance through the same leaves no doubt that it contains natural sequence of events as the possibility of kerosene oil spilling from the stove while pumping gas in it and soiling the clothes of'' the victim cannot be ruled out. The victim stated that there after when she tried to lit the stove, her salwar caught fire by accident. She came outside when her fattierinlaw extinguished the fire by sprinkling ash on her. This version of the deceased is corroborated from the medical evidence of Dr. Sudha Sharma, PW I, as she had observed mud sticking to the abdomen of the victim.

Mr. Goripuria laid much stress on the dying declaration Ex. PK recorded by ASI Prem Nath, Incharge of Police Post, PGI, Chandigarh in the presence of Dr. Rajan Saxena PW3 contending that these persons being of Chandigarh were not under the influence of any party and more authenticity should be attached to this statement than the one recorded by the local police. We find no merit in this contention as there is nothing on the file to suggest that ASI Amar Singh or Dr. Subha Sharma were in any manner interested in the accused or inimical towards the deceased. Strangely enough the : prosecution had not even sought permission to crossexamine Dr. Sudha Sharma from the Court in order to test the veracity of their statement qua the dying declaration Ex. PD of the deceased. On the other hand, admittedly Sarwan Singh, father of the deceased had met her in the PGI, Chandigarh on the night intervening 10/1121985.

He had stated having talked with the deceased about this incident. Thus the possibility of tutoring the deceased by the father on well founded suspicion that she was compelled to commit suicide under pressure from the accused cannot be ruled out. Apart from the above factum Mst. Krishna Rani PW8 has also met the deceased at about 3/4 PM on 1121985 in the hospital. She had also talked with the deceased about this incident. Thereafter at 6. 15 PM. the statement Ex. PK of the deceased was recorded by ASI Prem Nath PW6, in the presence or Dr. Rajan Saxena who had attested it. In this statement for the first time, the victim had set up a version that she was forced to commit suicide by setting herself on fire after sprinkling kerosene oil due to the maltreatment by the accused. The translation of the statement Ex PK the deceased reads as under :

I reside at the above mentioned address, I was married to Shri Amarjit Singh s/o Shri Amar Singh about 8 years back. I have three children. The eldest one is a daughter named Ruby. I have two sons out of which one is named Gurdip and the other is named Ranjit. After the marriage, a quarrel used to take place between my motherinlaw and me over trifles. My motherinlaw. used to condemn me over petty things. On 102985 I had a quarrel with my motherinlaw, Smt. Iqbal Kaur and my Nanad (husband''s sister) Smt. Chiranjit Kaur. Both of them accused me of having inreputation and loose character and told me that my parents had given nothing to me in dowry. Thus I could not tolerate such like unbearable things. I having bolted the door of the house continued pondering over while sitting inside. After a shortwhile I unbolted the door, went to my room and with an intention to commit suicide sprinkled kerosene oil over me at about 11 AM, and set fire to my clothes with the match box. When my clothes caught fire, I raised an alarm After hearing My alarm my fatherinlaw Amrik Singh, my Devar (husband''s younger brother) and Kanwal Jit arrived at the spot and put the fire off. My Devar Babli also used to be embarrassed of all of them and with the belaboured me, feeling intention of committing suicide, I have set fire to my clothes by sprinkling kerosene. My family members, my motherinlaw and fatherinlaw removed me to Waryam Singh Hospital at Yamuna Nagar. On being referred to PGI from, there, my family members brought me to the PGI and got me admitted there. I am under treatment thereat. The above statement has been got recorded. My husband is not at fault in it. On that day, i.e. 10283 he was on his duty in Sugar Mill. Yamuna Nagar. The above statement has been got recorded. Action may be taken.'' I have heard the statement and it is correct.

Sd/ Nirmal Kaur

with her R.T.I."

A bare glance through the above referred statement Ex. PK of Mst. Nirmal Kaur deceased leaves do doubt that it, is the result of tutoring as a person having 95% burns and in severe. agony would not be able to make such a lengthy statement what to say of incorporating therein the minor details of the incident that her marriage took place 8 years back or that she was blessed with three children. Thus under these circumstances, it cannot be said that the trial Court had taken wrong view of the matter or had failed to appraise the evidence properly. The evidence of Dr. Rajan Saxena P.W. 3 would not improve the matter in any manner qua the authenticity of the statement Ex. PK of the deceased because once it is taken that it was the result of tutoring by her father Sarwan Singh and aunt Mst. Krishna Rani, there would hardly be any credibility of the statement of Dr. Rajan Saxena.

The factum that the history given in the bed head ticket prepared by. the doctors of PGI Chandigarh also shows that the injured had received burns due to accident as a result of stove, also goes a long way under the circumstances of the case to conclude that the version of the victim contained in Ex. PD seems to be truthful one.

For. the reasons recorded above, we find no merit in this appeal. It is ordered to be dismissed.