BAL KISHAN Vs. STATE OF PUNJAB AND HARYANA

JUDGEMENT

(1.) Four persons, namely (1) Ram Chander son of Harnam Singh; (2) Bal Kishan Sb Ram Chander (3) Shanti wife of Ram Chancier; and (4) Ram Singh son of Hazari were tried in Sessions case No. 189 of 1992 (Sessions trial No. 27 of 1993) in the Court of learned Additional Sessions Judge, Hisar, for the offences under Sections 302/34, 304-B, 498-A and 302/109 of the Indian Penal Code. The learned trial Judge was pleased to convicted accused No.2 Bal Kishan of the offences under Sections 304-B and 498-A of the I.P.C. and acquitted the other accused. The convict. Bal Kisan has filed Criminal Appeal No. 372-DB of 1994 and State had filed Criminal Appeal 274-DBA of 1995 against the acquitted accused challenging the order of acquittal under Sections 304-B and 498-A of the IPC.

(2.) The facts leading to the case are that Rajpati daughter of Moman Ram son of Sheo Karan was married with appellant Bal Kishan, Ram Chander and Shanti are the father and mother of the appellant Bal Kishan. The marriage had taken place on 15-5-199 1. The incident took place on 9-6-1992 at 5.00 A.M. in village Sahrwa. District Hisar in which Rajpati received burn injuries. She was taken to the Civil Hospital Hisar. S.I. Balbir Singh made. application Ex. DD for recording of the dying declaration of Rajpati. The J.M.I.C. Kaithal, Shri Harnam Singh who was on that date posted as Judicial Magistrate, Hisar, recorded the dying declaration of Rajpati in which she had categorically stated that she got burns because of bursting of a stove while preparing tea. Rajpati died because of the burn injuries on 10-6-1992 in the hospital.

(3.) On 15-6-1992, father of Rajpati. Moman Ram made an application to Chief Minister. Haryana. The application was sent to the superintendent of Police who in turn sent it to the Additional Supdt. of Police. The Additional Supdt of Police ordered registration and investigation of the case sent it to S.H.O. Police Station Sadar Hisar. S.L Balbir Singh registered the case on the said application and started investigation and after investigation the challan has filed against the appellant and his parents Ram Chander and Shanti After committal of the case to the Court of Sessions charge was framed for the offences under Sections 302/34, 304-B/498A and 302/109 of the Indian Penal Code. Thereafter, when the evidence was started. Ram Singh son of Hazari was also impleaded as an accused under Section 3190f the Code of Criminal Procedure and the evidence of the prosecution witnesses was recorded. After the evidence was over. The statements of the accused were recorded and thereafter the defence witnesses were examined. As stated earlier the trial Judge has convicted appellant Bal Kishan only for the offences under Sections 304-B and 498-A of the I.P.C. and acquitted the others and therefore these two appeals arise from this judgment.