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High Court Of Delhi
RAMESH - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 28 of 1991
Decided On : 07/20/1995
CRIMINAL APPEAL - SECTION 302/34 IPC - CONVICTION AND SENTENCE - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI AND FINAL DECISION.
Fact of the Case:
Appellants Ramesh, his mother Ganga Devi, and his married sister Santosh Kumari were convicted under Section 302 read with Section 34 of the Indian Penal Code for causing the death of Krishna, wife of Daya Ram, brother of Ramesh and son of Ganga Devi. The deceased was set ablaze by the appellants due to a demand of Rs. 10,000/- spent on the marriage of Daya Ram with the deceased and frequent quarrels over the right of way to the room occupied by the deceased and her family.
Finding of the Court:
The court found that the dying declarations made by the deceased to the doctor, Investigating Officer, and Sub-Divisional Magistrate were truthful and reliable. The court also found that the appellants had the intention to cause bodily injury likely to cause the death of the deceased and that the act of setting her ablaze was imminently dangerous and likely to cause death.
Issues: 1. Whether the dying declarations made by the deceased were truthful and reliable? 2. Whether the appellants had the intention to cause bodily injury likely to cause the death of the deceased? 3. Whether the act of setting the deceased ablaze was imminently dangerous and likely to cause death?
Ratio Decidendi: 1. The court held that the dying declarations made by the deceased were truthful and reliable as they were made promptly and consciously, there was no reason to doubt the recording of the dying declarations, and there was no evidence of any undue influence or manipulation. 2. The court held that the appellants had the intention to cause bodily injury likely to cause the death of the deceased as they poured kerosene over her and set her ablaze, knowing that such an act was likely to cause death. 3. The court held that the act of setting the deceased ablaze was imminently dangerous and likely to cause death as it was obvious to the appellants that such an act would cause severe burns and could lead to death.
Final Decision: The court dismissed the appeal and affirmed the conviction and sentences of the appellants. The court also directed appellant Ganga Devi, who was on bail, to surrender and undergo the remaining part of her sentence.
( 1 ) APPELLANTS-RAMESH. his mother Smt. Ganga Devi and his married sister Smt. Santosh Kumari have been convicted of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code vide judgment dated January 28, 1991 and vide subsequent order of the Additional Sessions Judge dated January 29, 1991. they have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500 each and in default of the same to undergo rigorous imprisonment for six months. They have come up in appeal challenging their convictions and sentences.
( 2 ) SMT. Krishna since deceased who was about 24 years at the time of her death, was married to Daya Ram Public Witness 2 who is brother of Ramesh-appellant, Smt. Santosh and son of Smt. Ganga Devi-appellant No. 2. This marriage took place about eight years prior to the date of the occurrence and there were two small children alive from the wedlock at the time of the occurrence. Smt. Ganga Devi had four sons. This family was living in house No. T-52. Church Lane. Bhogal. The house was owned by the family. A few years earlier there occurred some partition of the house in the manner that half of the house was taken over by Om Prakash, brother of Daya Ram wherein he started living with his own family and whereas the remaining half of the house was occupied by the remaining family members and Daya Ram and his deceased wife and two children were living in one of the rooms in the said House in the ground floor. There used to occur frequent quarrels between Daya Ram and his wife on the one side and Smt. Ganga Devi and Ramesh on the other side. The dispute pertained to the right of way to the said room.
( 3 ) IT is the case of the prosecution that there was a demand of Rs. 10,000/- by the appellants from deceased which amount they claimed to have spent on the marriage of Daya Ram with the deceased and quarrels used to take place on this demand as deceased was not able to persuade her parents to comply with this demand. It is the case of the prosecution that on a day earlier to October 2. 1988, the appellants had picked up a quarrel with the deceased on their insisting the deceased and his family to vacate the room and also the deceased s inability to satisfy their demand of Rs. 10,000/- but certain persons of the Biradari (brotherhood) had intervened and the matter was pacified with the assurance that no such quarrel would be repeated. Since morning of October 2,1988, the quarrel started again on the same issues by the appellants giving little regard to the settlement brought about a day earlier and at 1. 25 P. M. Daya Ram had gone to ease himself and while the deceased was in the process of putting her two children to sleep in her room that the three appellants came in that room whereas appellants Smt. Santosh and Smt. Ganga Devi caught hold of the deceased and pulled her down from the bed and Ramesh- appellant poured kerosene oil on her and had flung a lighted match stick at her which put the deceased on ablaze and all the appellants fled away from the room with Ramesh uttering that they had decided the fate of deceased at that moment. The deceased rushed towards the verandah and in the meanwhile Daya Ram came and poured some water over the flames and extinguished the fire and brought her to Safdarjang Hospital and got her admitted there.
( 4 ) AT 1. 35 P. M. on that day a message was received at Police Control Room on telephone given by Ramesh Chand that a lady had been burnt at Lahorian Di Hatti, Bhogal, which message was conveyed to Police Post Jungpura, Bhogal, which was recorded at Daily Diary No. 9. copy of which is Ex. Public Witness 12/a. Shri Dharambir Joshi, Sl (Public Witness 18), alongwith Constable Dal Chand on being deputed had proceeded to the spot. On reaching the area mentioned in the said report and on making local inquiries he learnt that the incident had taken place in house No. T-52, Church Lane. Bhogal and there he learnt that Daya Ram
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