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2011(2) RCR(Cri) 521
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M. JEYAPAUL, J.
Smt. Darshana Rani w/o Darbari Lal, r/o Una Mandi, Nurmahal, District Jalandhar. -Appellant
Versus
The State of Punjab -Respondent
Crl. Appeal No. 587-SB of 2001
Decided on: 15.12.2010
Dowry Death - Indian Penal Code - Section 304-B
Fact of the Case:
The appellant, mother-in-law of the deceased, was convicted under Section 304-B of the Indian Penal Code for the death of her daughter-in-law due to burn injuries. The trial court disbelieved the prosecution's version of murder but convicted the accused based on the dying declaration and evidence of witnesses.
Finding of the Court:
The trial court found the accused guilty under Section 304-B of the Indian Penal Code based on the dying declaration and witness testimonies, despite disbelieving the prosecution's version of murder due to certain reasons.
Issues: The main issue was whether the accused was guilty of murder or dowry death under Section 304-B of the Indian Penal Code.
Ratio Decidendi: The court relied on the dying declaration and witness testimonies to convict the accused under Section 304-B of the Indian Penal Code, despite disbelieving the prosecution's version of murder due to certain reasons.
Final Decision: The judgment of conviction and the sentence imposed on the accused under Section 304-B of the Indian Penal Code were confirmed, and the appeal was dismissed.
M. Jeyapaul, J.
1. The appellant-accused, who is none other than the mother-in-law of the deceased Kiran, was convicted for offence punishable under Section 304-B of the Indian Penal Code. Hence, the appeal preferred by her.
2. The case in brief of the prosecution as projected through the witnesses examined on its side is as follows:-
(a) The deceased Kiran was married to one Pawan Kumar, who is the son of the accused Darshana Rani. They had been living in Grain Market Nurmahal.
(b) PW-2 Manohar Lal had a shop near the residence of Pawan Kumar. Kiran used to inform Manohar Lal, PW-2 that the accused maltreated her for not bringing adequate dowry. She also informed him that her mother-in-law Darshana Rani, the appellant herein, demanded Sofa set and a sum of Rs.20,000/-in cash and ill treated her for not bringing the same as dowry. About 20 days before the occurrence PW2 alongwith Om Parkash and Tilak Raj proceeded to the house of the accused and requested her not to demand dowry and harass Kiran.
(c) On 17.11.1997 at about 6.30 PM when Manohar Lal, PW-2 was present in his shop, Kiran came running from the staircase of her house caught by fire. She raised alarm that she was set on fire. At that point of time, Hari Pal, PW-3, the servant of PW-2 was also present. They poured water on gunny carpet and wrapped the same on the body of Kiran and extinguished the fire. Kiran informed PW-2 and PW-3 that her mother-in-law, the appellant herein poured kerosene oil on her and set fire to her. Pawan Kumar, the husband of Kiran reached the spot. He took Kiran to Dayanand Medical College & Hospital, Ludhiana for treatment. Dr. Ashok Gupta, admitted Kiran to DMC & Hospital, Ludhiana on 17.11.1997 with 100% burn injuries. It was alleged before PW-5 at the time of admission of Kiran that her clothes caught fire when she was working on a stove. The said history was narrated by her husband Pawan Kumar to PW-5.
(d) Lakhwinder Singh, Assistant Sub Inspector, PW7, who was serving at Nurmahal Police Station was informed by the Head Constable that Kiran had been admitted to DMC & Hospital Ludhiana due to burn injuries. Having reached DMC & Hospital Ludhiana he moved an application before Additional Chief Judicial Magistrate to depute some Judicial Magistrate to record the statement of Kiran. On the basis of the requisition made by PW-7 before the Medical Officer, the latter declared Kiran fit to make statement, vide his endorsement Ex.PG/1.
(e) Mr. Lachman Singh, Judicial Magistrate Ist Class, PW-6, as per the direction issued by the Additional Chief Judicial Magistrate, proceeded to the DMC & Hospital Ludhiana on 18.11.1997 and recorded the dying declaration of Kiran. In the dying declaration, Kiran stated that on 17.11.1997 the accused having abused her, took a bottle of kerosene oil and poured the same on her and set fire to her. She has also disclosed in the dying declaration that it was only the accused, who was present alongwith her. The accused used to harass her as she had not brought sufficient dowry. But the same was not disclosed to her husband, who was a thorough gentleman.
(f) In spite of the medical treatment given to Kiran for three days, her condition did not improve and she died due to burn injuries on 20.11.1997.
(g) Based on the dying declaration recorded by the Judicial Magistrate Ist Class, PW-6, a case was registered against the accused at 6.45 PM on 18.11.1997.
(h) Lakhwinder Singh, ASI, PW-7 reached the scene of occurrence and took possession of mat, a gunny bag, two empty bottles and a match box under recovery memo Ex.PH in the presence of the witnesses. He also made arrangement to take photographs of the scene of occurrence.
(i) On 20.11.1997 the accused was arrested and remanded to judicial custody. Dr. Ram Parshad, Senior Medical Officer, PW-1 conducted post mortem examination on the dead body of Kiran on 20.11.1997. He found burn injuries on the body of the deceased except scalp hair and sole of feet. He has opined
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