- (1.) Shakuntala, a lady, is the sole appellant herein. She was a teacher. She was found guilty for causing the death of Arun Bala, the deceased in this case, by pouring kerosene oil on her clothes and setting fire. The occurrence is said to have been taken place on 27-4-1978 at about 6.00 p.m.
(2.) The case rested mainly on the dying declaration alleged to have been made by the deceased Arun Bala and recorded by the Assistant Sub-Inspector, P.W. 11 in the hospital to which a certificate was appended to by a doctor, P.W. 7, who was said to be present at the time of recording the dying declaration. Along with the appellant one Devinder Kumar the brother of the husband of the deceased was also tried but he was acquitted. The trial court, entirely relying on the dying declaration, convicted the appellant and the same was upheld by the High Court.
(3.) The prosecution case is as follows: The appellant, Shakuntala, aged about 44 years was a teacher. She was living in the neighbouring house along with her five children. The deceased along with her husband Vijay Kumar and his brother Devinder Kumar and her father-in-law Thakar Dass was living in a room on the ground floor of the another house. It was alleged that the appellant developed illicit relations with Thakar Dass, the widower, the father-in-law of the deceased. It was also suspected that the husband of the deceased or his brother Devinder Kumar, the other acquitted accused had also illicit intimacy with one of the daughters of the appellant. The further case of the prosecution was that the deceased objected to these illicit relations and, therefore, the appellant bore grudge against the deceased. On the day of occurrence at about 6.00 p.m. while the deceased was in the kitchen, the appellant is alleged to have come there and sprinkled kerosene oil on her clothes and set fire. The deceased ran out of the kitchen with the burning clothes. The neighbours including P.Ws. 2 and 3 gathered there and that the injured was taken to the hospital by her husband. P.W. l, the doctor, who was present in the hospital admitted her, and he along with P.W. 7 who was in charge of the injured, noted that it was a case of cent per cent burns. An intimation was given to the police. P.W. 11, the sub-inspector of police came to the hospital. At about 8 p.m. she was found to be not in a fit condition to make any declaration. Then again at about 10 p.m. she seemed to have improved. P.W. 9 gave a certificate that she was in a fit condition to make a statement. P.W. 11 Assistant Sub-inspector, recorded the dying declaration in the presence of P.W. 9. On the basis of this dying declaration the case was registered. On the same night the deceased died. The post-mortem was conducted and the medical evidence was to the effect that she died because of the third degree burns which were cent per cent. The accused pleaded not guilty. The trial court acquitted Devinder Kumar holding that no case is made out against him.;