NAWAB SINGH,J - (1.) THIS is an appeal filed by the State against the judgment dated November 15, 1999 passed by learned Additional Sessions Judge, Jind, whereby above named respondents were acquitted in case registered against them vide First Information Report No. 134 dated March 30, 1998 under Sections 302, 109 and 498-A read with Section 34 of Indian Penal Code at Police Station Sadar Narwana.
(2.) THE prosecution case is that on March 30, 1998 at about 8.50 a.m. Rani (deceased) wife of Krishan accused-respondent was brought to General Hospital, Narwana having burn injuries on her person. Dr. B.R. Kayat (PW-11) sent the information to Police Station Sadar, Narwana. On receipt of the information, Umed Singh, Assistant Sub Inspector (PW-9) (for short 'ASI') reached the hospital. He moved application (Exhibit PJ) to the Medical Officer to seek his opinion whether Rani was fit to make the statement or not ? Medical Officer, vide his endorsement (Exhibit PJ-1), opined that Rani was fit to make the statement. Investigator moved an application (Exhibit PR) to Shri Baljit Singh, Judicial Magistrate, Narwana (PW-10) requesting him to record the statement of Rani. Shri Baljit Singh reached hospital at 11.10 a.m. He sought the opinion (Exhibit PR-1) of Dr. B.R. Kayat (PW-11), whereby Rani was declared fit to make the statement. Shri Baljit Singh, Judicial Magistrate, Narwana (PW-10) recorded the statement (Exhibit PR-2) of Rani in question-answer form. The English translation of the statement (Exhibit PR-2) made by Rani would read thus :- "I was married to Krishan 18/19 years ago. I am living at my in-laws house with my husband Krishan for the last 13 years. My husband is a drunkard. He used to harass me. He daily used to come after consuming liquor. Whenever I used to give her (him?) meals, he used to throw the utensils. I have two sons, aged nine years and seven years. Right from the beginning, my husband used to beat me after consuming liquor. He also used to say that he had to purchase a vehicle and asked me to bring money from my father. My mother-in-law used to instigate him. I took out the kerosene from the stove. Today in the morning at 7, my husband poured kerosene on me and set me ablaze. Kerosene was taken from the stove by me to lit the fire. My husband was a drunkard. He used to give me beating. My father-in-law used to help me, but my mother-in-law did not help me. On the preceding night, my husband came at the house in drunken condition accompanied by Bedu and asked me to prepare tea. I prepared the tea and gave him. My father-in-law and Nanad extinguished the fire. My husband also extinguished the fire. I was set on fire in the court-yard of the house. On hearing my shrieks, my father-in-law and Nanad came. My mother-in-law was standing near the hearth (Chulha) when my husband poured kerosene on me."
(3.) SHE appended her right thumb impression on her statement. The Magistrate further obtained the certificate (Exhibit PR-3) of the Medical Officer that Smt. Rani remained conscious during the period she made the statement. Certificate (Exhibit PR-4) was also given by the Magistrate mentioning the sequence of the proceedings carried out by him.;