JAGDISH LAL MALHOTRA Vs. STATE
LAWS(DLH)-1983-9-24
HIGH COURT OF DELHI
Decided on September 30,1983

JAGDISH LAL MALHOTRA Appellant
VERSUS
STATE OF DELHI Respondents


Referred Judgements :-

AMBA SHANKER DAW V. THE STATE OF RAJASTHAN [REFERRED TO]
THURUKANNI POMPIAH VS. STATE OF MYSORE [REFERRED TO]
MUNNU RAJA VS. STATE OF MADHYA PRADESH [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

MURARI LAL VS. STATE [LAWS(DLH)-2012-8-374] [REFERRED TO]
RAM SINGH S/O JIWARAM BRAMHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-4-60] [REFERRED TO]
MAHENDER KAUSHIK & ANOTHER VS. STATE OF DELHI [LAWS(DLH)-2015-8-711] [REFERRED TO]
MAHESH RAI VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2019-5-109] [REFERRED TO]


JUDGEMENT

Malik Sharief-nd-din,J. - (1.)In case FIR No. 939 police station Moti Nagar, West Delhi, Shri S.C. Jain, Additional Sessions Judge, Delhi, convicted the appellant Jagdish Lal Malhotra under section 32 Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The court on trial of the appellant came to the conclusion that on the night intervening 22nd and 23rd October 1979 between 3.30 AM to 3.45 AM the appellant had sprinkled Kerosin oil on his wife, Smt. Santosh Malhotra and set her on fire. This was done by the appellant while she had gone to the bath room for urination. He further found that as a result of this the deceased Santosh Malhotra got 100% burns consequent to which she died in the Willingdon Hospital at 8.15 AM on 23rd October, 1979.
(2.)The relevant facts are that the appellant was married to Santosh Malhotra deceased in the year 1960. The married life of the couple proved to be unhappy as they used to quarrel constantly. The deceased had given birth to two daughters and a son. On the night intervening 22nd and 23rd October 1979 between 3.30 to 3.45 A.M. the deceased Santosh Malhotra is stated to have got up and gone to the bath room for urination when the appellant, her husband, sprinkled keroin oil on her person and set her on fire. She bad received 100% burn injuries on her person. After the incident she was removed to Willingdon Hospital by her husband, the appellant, with the help of his brother, Surinder Malhotra, Tek Chand Kora, landlord and some neighbours. She was carried to the hospital in a private car by Tek Chand Kora landlord. The deceased Santosh Malhotra succumbed to the injures and died at 8.15 AM, the same morning. Her husband, the appellant was also found to have sustained 12% burns and he was also admitted and given treatment in the same hospital. On her admission to the hospital, the deceased in alleged to have told the incharge CMO Casualty, Dr. R.P. Sharma that she was burnt by her husband. The doctor advised. the constable on duty that arrangement should be made for recording her dying declaration. In pursuance of the advice of the doctor a message was flashed to the police station and S.I. Surender Dev arrived at the hospital at 5.30 AM. S.I. Surender Dev procured the certificate from Dr. Anil Mehandiratta to the effect that the patient is fit to make a statement and immediately thereafter he is alleged to have recorded her dying declaration, Ex. PW. 24/A. The dying declaration is allegedly made in the presence of Dr. R.P. Sharma, Dr. Anil Mehandiratta and V. Thukral. S.I. Surender Dev has also examined the appellant for the burn injuries. The version of the appellant given out before the doctor simultaneously came to be recorded wherein he had said that he had received the burn injuries while saving his wife. After recording the dying declaration, Ext. PW. 24/A, S.I. Surender Dev conveys the fact disclosed in the dying declaration to the police station under his written endorsement at about 6.30 AM and a case under section 307 Indian Penal Code was which was subsequently converted to section 302 IPC was registered. Smt. Santosh Malhotra died on the same morning at 8.15 AM. The case has been investigated by S.I. Surender Dev and the postmortem of the dead body of the deceased was performed by Dr. L.T. Ramanai who found that the dead was caused due to shock resulting from burns.
(3.)At this stage we may also take notice of the fact that immediately after she is taken to the hospital, Ext. PW. 24/A-1 came to be recorded by Dr. R.P. Sharma which shows that she had told Dr. R.P. sharma that she had been burnt by her husband. We may also take notice of the dying declaration which came to be recorded somewhere between 5.30 and 6.30 AM by S.I. Surender Dev but before we do so a detailed reference may be made to the contents of Ext. PW. 24/A-1. It reads as under :-
"Time 4.30 AM, dated 23rd October, 1979. Patients says that she has been burnt by her husband. Pulse rate 120 per minute. Patient is conscious. There is 100% burn".
This is recorded on out-patient slip by Dr. R.P. Sharma. At 5 AM when the patient is admitted, Dr. V. Thukral vide Ext. PW, 24/B makes the following note :-
"Times 5 AM, dated 23rd October, 1979. Allegedly burnt by her husband. Patient conscious, Pulse cannot be palpated. Respiration 20 per minute, 100% burns. Police constable on duty informed for taking dying declaration."
The documents Ext. PW. 24/C indicates the time about 4.50 AM on the same day and pertains to the information to police for recording dying declaration. Dr. Anil Mehandiratta at 5.30 AM gives certificate about the deceased being in a fit condition to make a statement. S.I. Surender Dev who reaches hospital at 5.30 AM and after procuring the fitness certificate records dying declaration, Ext. PW. 24/A which read Smt. Santosh Malhotra, wife of Shri Jagdish Lal Malhotra, resident of C-42, Kirti Nagar, Delhi, made the following statement :-
"I reside at the address mentioned above alongwith my children. I had married to Jagdish La1 Malhotra 18/15 years ago and have three children. There was shortage of money in the house and due to that my husband Jagdish Lal Malhotra and my Devar, Surinder Malhotra resident of D-86, Kirti Nagar, used to quarrel (probably meaning thereby with her) My husband had taken all the ornaments from me out of which two gold bangles had been sold. On the night of 22nd October 1979 my husband and Surender Malhotra again quarrelled on this issue (probably meaning with her). Thereafter my husband's brother went to his house and we went to sleep. Between 3.30 or 3.45 AM I woke up to make water when my husband sprinkled kerosin oil on my person and set me on fire and after burning me took me to Willingdon hospital. This statement I am making in my full senses. I have beard the statement. It is correct. When I was set on fire all my three children were sleeping.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.