- (1.) These two appeals, one by the State and the other by Shri. M. L. Chadha, father of the deceased, are filed against the judgment of the High Court acquitting the Respondents accused. The trial court convicted them under Sections 302/34, I.P.C., and sentenced each of them to undergo imprisonment for life. The appeal preferred by them was allowed by the High Court and they were acquitted.
(2.) The prosecution case is as follows: Shri R. K. Chopra, A-2 is the father and Mrs. Santosh Chopra, A-3 is the mother of A-1 Anil Chopra. The deceased Mrs. Kiran Chopra was married to A-1 in the year 1981 who was employed as Administrative-cum-Personnel Officer with Cement Corporation of India, Rajban. After marriage A-1 and the deceased lived in their flat at Rajban. in July 1981, A-2 retired from, service. Thereafter he and his wife A-3 also joined A-1 and the deceased at Rajban and continued to live there. in December 1981 the deceased gave birth to a son. Thus the family living at Rajban at the time of occurrence comprised of the three accused, the deceased and the infant child.
(3.) A-1 used to come home for lunch on working days. On 20.8.1982 also as usual A-1 came home for lunch at about 1 p.m. and after lunch he returned to his office at 2 p.m. A few minutes thereafter an alarm was heard from the house of the accused "JAL GAI JAL GAI BACHAO BACHAO". Attracted by this alarm, several persons gathered. Dr. Sadiqi, P.W. 2, Ashok Bhatia, P.W. 13 and Mrs. Kanan Sarkar, P.W. 15 were among the persons who reached the scene of occurrence soon after the alarm was heard. They found the deceased lying flat on the floor of the gallery outside the kitchen with extensive burns all over the body. The burns were estimated at 90% to 95% and the water flushed in the gallery where the deceased was lying, was emitting smell of kerosene oil. in the meanwhile A-2 rang up the office of his son A-1 and conveyed the news. A-1 rushed home on his motor cycle. He sought advice from P.W. 2 as to what should be done and as advised by him A-1 took the deceased to Civil Hospital, Paonta Sahib, the nearest medical centre, in his own car. Mrs. Kanan Sarkar, P.W. 15, who at the relevant time was employed as a nurse in the Health Centre of Cement Corporation of India also accompanied them in the same car. P.W. 2 and A-2 followed in a separate vehicle. They reached the Civil Hospital at about 2.30 p.m. Dr. Surender Gandhi, P.W. 1 who was incharge there, examined the deceased, rendered some medical aid and advised the accused to take her to some better hospital. They accordingly took the deceased to Harbertpur Mission Hospital which is about 9 kms. away from Paonta Sahib and which is a well-equipped hospital. They reached there at about 3.30 p.m. and P.Ws. 2 and 15 were also with the deceased at that time. Dr. Claudius, Medical Superintendent, P.W. 5 admitted her in the Hospital. He examined the deceased and found burns all over the body except scalp. P.W. 5 gave Pathedine Injection 100 mg. and another dose of 50 mg. at 5 p.m. Before that at 4 p.m., P.W. 5 prepared the patient chart, Ex. P.C. 20 in which he recorded the history of the patient and it reads thus: History given by the patient herself that she got burnt while boiling milk due to bursting of stove (kerosene stove with wicks). Her child was sleeping there and her parents-in-law were sleeping in another room. When she shouted they came to save her. Then they took her to Paonta Hospital. P.W. 5 informed the concerned Police Station at Sehaspur and got the deceased prepared for the necessary operation. At about 5.20 P.M., Shiv Kumar, S.I. of Police, P.W. 20 came to the Hospital and P.W. 5 recorded the dying declaration, Ex. P.E. of the deceased in the presence of P.W. 20 and the same was sent in a sealed cover to the Superintendent of Police, Dehra Dun. in this dying declaration, the deceased has clearly stated that while -boiling the milk, the stove got burst and she was all alone in the room and her in-laws were in the other room and at that time her husband had gone to office. Because of the burst of the stove, she got fired. She shouted and immediately A-2 and A-3 came and wrapped blanket on her body. She has also mentioned about the presence of P.W. 2, another Doctor, who came there and as to how she was taken to the Civil Hospital, Paonta Sahib. The deceased received her medical treatment throughout at Harbertpur Mission Hospital but her condition started deteriorating. She, however, remained conscious and could talk in a feeble tone. Shri M. L. Chadha, P.W. 12, the father of the deceased, reached the hospital on 21.8.82 and he and his wife remained at the hospital and attended on the deceased. The deceased, however, died on 25.8.82 and P.W. 5 sent the message to the Police Station. P.W. 20, S.I. came to the Hospital, held the inquest and sent the dead body of the deceased for post-mortem, opined that she died because of burn injuries. On 24.8.82, P.W. 12 lodged a report, Ex. PJ with police alleging that the deceased told him that the three accused persons poured kerosene oil on her and set fire for not bringing adequate dowry. The case was investigated and the charge-sheet was laid against the Respondents-accused under Sections 302/34, I.P.C. The accused pleaded not guilty.;