J.B.GARG,J - (1.) RAJINDER Kumar husband of the deceased, Harish Kumar and Durgesh Kumar his two brothers and Kailash Rani, the mother have been convicted for an offence under Section 304-B of the I.P.C. by Shri Pritam Pal, Additional Sessions Judge, Yamuna Nagar on 13.7.1992. Out of them, Rajinder Kumar, the husband has been sentenced to imprisonment for life and two brothers and the mother to R.I. for a period of seven years each. Aggrieved against it, the present appeal has been attempted.
(2.) BRIEFLY , the facts as alleged are that Rajinder Kumar, a resident of Yamuna Nagar was married to Sunita alias Pinki on 3.7.1991. The husband wanted that Sunita should bring a sum of Rs. 20,000/- from her parents and brothers and that she should also arrange the transfer of a shop belonging to her parents so that the husband could run his own business. On 25.8.1991, Sunita had come to the house of her brother Suresh Kumar in Bishan Dass Colony, Yamuna Nagar to apprise her brother about the aforesaid demand. Her brother accompanied his own wife who wanted to go to her own parents for the purpose of tying Rakhi and while they were returning, Suresh Kumar, the brother came to know that his sister Sunita alias Pinki had set herself on fire by sprinkling kerosene oil. Sunita was taken to the Civil Hospital, Yamuna Nagar. Shri Des Raj A.S.I. arrived there and he recorded the statement of Sunita who had more than 90% burns which ultimately took the form of a dying declaration. The statement was dispatched to Police Station, Yamuna Nagar where the formal F.I.R. was recorded at 12.30 p.m. and a copy thereof was delivered to the Ilaqa Magistrate at 4.00 p.m. Sunita died on account of the aforesaid burns. P.W. 5 Dr. Prem Chand, Medical Officer of Civil Hospital, Yamunanagar alongwith another Medical Officer conducted the postmortem examination on 26.8.1991. He found that there was smell of kerosene oil coming out of the body and the burns were superficial to deep all over the body and were 100% . Right and left lungs, pharyx and stomach were congested and the cause of death was shock on account of burns. He clarified that the burns were present all over the body.
(3.) P .W. 6 Dr. S.K. Gupta, Medical Officer, Civil Hospital, Yamunanagar deposed that at 11.30 a.m on 25.8.1991 he conducted the medico-legal examination of Sunita d/o Prem Chand w/o Rajinder aged 22 years and she was conscious. There was smell of kerosene oil and her blood-pressure and pulse could not be recorded. Synging of hairs, eye-lashes, eye-brow, tongue and nasal mucous were reddish. Fingers of both the hands were charred. The injuries were dangerous to life. He has denied that the time given in the ruqa Ex.PK was changed from 11.30 p.m. to 11.35 p.m. He has especificially deposed that the dying declaration Ex.P8 was recorded by Shri Des Raj A.S.I. in his presence and his own endorsement on the dying declaration was Ex.RA/2. He has denied that the declaration was not recorded in his presence . He has stated that because the patient was responding to the oral querries, he declared her fit to make the statement.;