IMPORTANT POINT
Ingredients of section 304B IPC discussed and applied.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. This appeal is directed against the judgment dated 3rd February, 2010, passed by the High Court of Punjab and Haryana at Chandigarh in CRA No.909-SB of 1997. By the impugned common judgment the High Court dismissed the revision application preferred by the appellant and affirmed the conviction and sentence for the offence punishable under Section 498-A and 304-B IPC passed by the Sessions Judge, Karnal vide judgment dated 1st August, 1997.

2. The case of the prosecution is that Manju alias Uma Devi had been married to the accused Pradeep Kumar on 20th June, 1995. On 1st March, 1996 she received burn injuries and was got admitted in the Medical College Hospital, Rohtak. On 2nd March, 1996, she made her dying declaration before the Chief Judicial Magistrate, Rohtak. In the first part of the said dying declaration she asserted that it was a case of accident, whereas in the latter part she alleged that her husband had been pressing to fetch a sum of Rs. One lakh from her parents and had been threatening to kill her if she did not bring the money.

She also alleged that around 5.30 a.m. on 1st March, 1996 her husband doused her in kerosene from behind and set her on fire and later on he tried to save her when she raised alarm and on doing so his hands got burnt. On the basis of this statement, First Information Report was recorded against the accused. The matter was investigated. On 12th March, 1996 Manju alias Uma died. Thereafter, the case was converted under Section 304-B IPC and after completion of investigation challan was presented in the Court and on commitment, the accused was charged in the manner noticed above.

3. In support of their case, prosecution examined 9 witnesses. Usha (PW- 6), mother of the deceased and Sapattar Singh (PW-8), father of the deceased are the material witnesses.

4. On appreciation of evidence and hearing the parties learned Sessions Judge, Karnal, observed as follows: "20. From the totality of the discussion noticed herein above it would appear that the accused had been responsible for the murder of his wife and also of causing torture and harassment to her. However, since he has been charged only under Section 498-A and 304-B Indian Penal Code, I would hold him guilty for the said offence and convict him there under which are lesser offences than Section 302 Indian Penal Code. I call upon the accused to address argument and to show the extenuating circumstances and to address arguments on the quantum of sentence."

5. Learned counsel for the appellant submitted that the medical evidence is contrary to the prosecution story and does not support the case of the prosecution. In this regard it was contended that if kerosene oil was poured on the deceased from behind then the burns would have been on the back of the deceased. However, the medical report/postmortem report does not find any burn injuries on the back of the deceased. It was further contended that the Trial Court and the High Court failed to appreciate that the occurrence was an accident as injuries were on the face, chest, and legs of the deceased which show and prove that the kerosene oil fell on her after bursting of kerosene stove.

6. Learned counsel further submitted that so called dying declaration cannot be relied upon, as first part of it is contradictory to the second part.

7. In the present case, Usha Devi (PW-6), mother of the deceased and Subedar Sapattar Singh (PW-8), father of the deceased are the material witnesses.

8. Usha Devi (PW-6), in her deposition stated that Manju, her daughter was married to the accused Pradeep Kumar on 20th June, 1995. In the evening of 1st March, 1996 at about 7 p.m. Jal Singh came to her and told her that the health of Manju was not proper and that she was admitted in Medical College Hospital, Rohtak. She reached Medical College Hospital, Rohtak around 12/12.30 a.m. In the Hospital the accused Pradeep Kumar and Santosh met her and told that Manju had received burns