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2015 Supreme(Raj) 642
RAJASTHAN HIGH COURT
Jaipur Bench
Ramkhiladi @ Khilli Singh Vs. State of Rajasthan (Ahluwalia, J.)
HON'BLE KANWALJIT SINGH AHLUWALIA, J.
HON'BLE BANWARI LAL SHARMA, J.
Ramkhiladi @ Khilli Singh
Versus
State of Rajasthan
D.B. Criminal Appeal No.1885 of 2007, decided on 20.07.2015
Biri Singh Sinsinwar, Senior Counsel assisted by Rajesh Choudhary, for Accused-Appellant;
N.S. Dhakad, Public Prosecutor, for State
Headnote:Evidence Act, 1872, Sec. 32 and Penal Code, Sec. 302 — Dying decleration — Death due to burn injuries — Dying decleration in the presence of the Duty Doctor — Statement recorded u/Sec. 161 Cr.P.C. — Showing cause of death — Deceased had suffered 98% burns and therefore the cause of death is burn injuries — Held — Statement recorded u/Sec. 161, Cr.P.C., in the presence of doctor is admissible u/Sec. 32 of Evidence Act and the same can be termed and used as dying decleration — In a case the dying decleration aspires confidence, same without any corroboration can be acted upon. (Paras 38, 41, 42, 45)
Appeal dismissed.
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2. It has surfaced in the dying declaration (Exhibit-P/13) recorded by Chandrabhan (PW-7), Station House Officer, Police Station, Rajgarh, in the presence of Dr. Battu Singh (PW-8) that the appellant, after sprinkling kerosene oil on his wife Smt. Veervati Devi, had set her on fire, after igniting a match-stick.
3. The Court of Additional Sessions Judge, Rajgarh, District Alwar, vide its impugned judgment dated 28.11.2007, held the appellant guilty for commission of offence punishable under Sectiion 302 of Indian Penal Code, and vide a separate order of even date, sentenced him to undergo life imprisonment and to pay a fine of Rs.5000/-, in default of payment of fine to further undergo three months rigorous imprisonment.
4. Aggrieved against the conviction and sentence, the appellant has instituted the present appeal under Section 374 of Code of Criminal Procedure, 1973, praying interalia that his conviction and sentence, be set aside, and he be acquitted of the charges leveled against him.
5. Mr. Biri Singh Sinsinwar, the learned Sr. Counsel, in the present appeal preferred by the accused-appellant in order to challenge his conviction and sentence, has raised following two arguments for consideration of this Court:-
“A. THAT No Post Mortem Report of deceased, Smt. Veervati Devi has been proved on record, and in absence of the cause of death, statement of Smt. Veervati Devi recorded under Section 161 of Code of Criminal Procedure, 1973, even though in the presence of the Duty Doctor cannot be termed as dying declaration.
B. THAT once the dying declaration is kept out of consideration, there is no evidence with the prosecution to arrive at a finding that the death of Smt. Veervati Devi was homicidal and same was not suicide or accidental death.”
6. To deal with the above arguments raised by the learned Senior Counsel appearing on behalf of the accused-appellant and the submissions advanced by the learned Public Prosecutor appearing for the State of Rajasthan in support of the impugned judgment, it will be necessary for us to succinctly recapitulate the prosecution evidence.
7. Gyan Singh (PW-1) on 11.08.2007 at 07:00 P.M. presented a written-report (Exhibit-P/1) before Chandrabhan (PW-7), who was then posted as Station House Officer, Police Station, Rajgarh, Alwar.
8. In the written-report (Exhibit-P/1), Gyan Singh (PW-1), cousin brother of deceased, Smt. Veervati Devi, stated that two daughters of his uncle (Tauji), namely Veervati Devi and Sonvati Devi in the year, 1995 were married with two brothers, namely Banwari and Ramkhiladi @ Khilli Singh. Khilli Singh was always demanding cash from Smt. Veervati Devi. Khilli Singh under the influence of liquor used to beat his wife. Harya, the father-in-law and another relative of accused, namely Babu Lal used to harass Smt.Veervati Devi. On 09.08.2007 in the evening at 07:00 P.M. Khilli Singh had poured kerosene oil on Smt. Veervati Devi and set her on fire. She received severe burn injuries and was got admitted in the Government Hospital, Alwar. Her condition was precarious. Smt. Shanti Devi, the mother of Smt. Veervati was looking after her in the hospital as his brother, namely Vishram is sick. Therefore, he being his uncle's son, has been told the above facts by Smt. Veervati Devi.
9. In the Court, Gyan Singh (PW-1) appeared as PW-1 and turned hostile to the prosecution, and was confronted with his previous statement and report (Exhibit-P/1) by the learned Public Prosecutor. This witness, in his deposition, stated that Smt. Veervati Devi has died due to burn injuries. In the year, 1995 or in the year, 1996, she was married with Khilli Singh @ Ramkhiladi. There was no dispute between them. The witness further stated that he lodged written-report (Exhibit-P/1) under a wrong impression. The exact words of this witness are as under :-
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