Dying declaration recorded by Magistrate corroborated by medical evidence inspire confidence.

Mehtab S.Gill, J.

1. This is an appeal against the judgment/order dated 7.03.2002 whereby he convicted the appellant under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to further undergo RI for six months.

2. The case of the prosecution is unfolded by the statement Ex.PB/2 of Kamlesh Kumari daughter of Mykoo Lall aged 15/16 years, given to Shri Tarsem Mangla, J.M.I.C. Amritsar at 12 noon on 27.03.2000. Kamlesh Kumari stated that yesterday, at about 7/8 p.m. she was present in her house, when Rajinder Kumar alias Sonu who works in a tea manufacturing factory in New Golden Avenue, came from outside. He called Kamlesh Kumari and enquired from her about a letter. Kamlesh Kumari addressed him as Haramzada and questioned him as to why she would write a letter to him. On this, Rajinder Kumar got enraged. He had a tin box in his hand containing kerosene oil, which he poured on her and thereafter set her on fire. Kamlesh Kumari raised a hue and cry and Rajinder Kumar ran away. Kamlesh Kumaris father had in the meanwhile come to the spot. He extinguished the fire. In the process, the hands of her father got burnt. Rajinder Kumar was known to Kamlesh Kumari for a long time and he wanted to marry her, but her parents were against this proposal. Further, she stated in her statement that since Rajinder Kumar had set her on fire, he should be punished severely. On the basis of this statement, F.I.R. Ex.PK/2 was registered on 27.03.2000 at 2.30 p.m. Special report reached the J.M.I.C., Amritrsar on the same day at 4 p.m.

3. The prosecution to prove its case, brought into the witness-box Shri Tarsem Mangla PW-1, Dr. Amarjit Singh PW-2, Dr. Harjinder Singh Sidhu PW-3, HC Mangal Singh PW-4, Constable Pardip Kumar PW-5, LC Sukhdev Raj PW-6, Roop Rani PW-7, Maykoo Lal PW-8 and Inspector Baldev Singh PW-9.

4. Learned counsel for the appellant has argued that the alleged occurrence had taken place on 26.03.2000 at 7/8 p.m. F.I.R was registered on 27.03.2000 at 2.30 p.m. There is an unexplained delay of 18 hours. Shri Tarsem Mangla, J.M.I.C. PW-1 recorded the statement Ex.PB/2 at 12 noon after taking the opinion of the doctor at 12.10 p.m. The distance between the Civil Hospital and the place of occurrence is 1-1/2 kms. Dr. Harjinder Singh Sidhu PW-3 has not stated in his endorsement Ex.PB/5 that Kamlesh Kumari was in a fit state of mind to give her statement. As per the prosecution witnesses, appellant left behind a Chappal, a match-box and a tin. The recovery memo Ex.PL has shown the recovery of a Chappal only. Similarly, the Investigating Officer Baldev Singh PW-9 and Roop Rani PW-7, mother of the deceased, have also stated that a Chappal was recovered from the place of occurrence. They have not stated about the match-box or tin being recovered. Though it has been stated by Roop Rani PW-7 and Maykoo Lal PW-8 that they along with their son were present in the house, but it is strange that none of them came forward to save the deceased from getting burnt. Shri Tarsem Mangla, J.M I.C. PW-1 has stated in his testimony that he did not take the thumb impression of the deceased on the dying declaration Ex.PB/2, as the skin of the thumb of the deceased had been burnt. Dr. Amajit Singh PW-2 and Dr Harjinder Singh Sidhu PW-3 have categorically stated that though the thumb of the deceased were burnt, but the thumb of her feet were intact. The Judicial Magistrate should have taken the foot thumb impression of the deceased. Apart from Shri Tarsem Mangla, J.M.I.C. PW-1, Dr. Harjinder Singh PW-3 and an A.S.I. were also present, as per the prosecution. No reason has been given by Shri Tarsem Mangla, J.M.I.C. PW-1 as to why he did not make Dr Harjinder Singh Sidhu PW-3 and the A.S.I. present witnesses to the dying declaration.

5. Learned counsel for the State has argued, that apart from the dying declaration Ex.PB/2 which inspires confidence the dying declaration is corroborated by the