Punjab-Haryana High Court
Gurjinder Singh vs State Of Punjab And Another on 11 March, 2014
Author: Kuldip Singh
Bench: Satish Kumar Mittal, Kuldip Singh
CRA No.D-1542-DB of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA No.D-1542-DB of 2013 (O&M)
Date of Decision: March 11, 2014
Gurjinder Singh .... Appellant
vs.
State of Punjab and another .... Respondents
CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE KULDIP SINGH
Present: Mr. Deepak Bhardwaj, Advocate for the appellant.
***
Kuldip Singh J.
The appellant has filed this appeal against the judgment dated 04.10.2012, whereby accused Baldev Kaur, mother-in-law of deceased Tejinder Kaur was acquitted of the charges framed against her under Sections 302 and 506 IPC.
Along with the appeal, CRM No.50045 of 2013 has also been filed under Section 5 of the Limitation Act for condoning the delay of 325 days in filing the appeal.
As per prosecution, Tejinder Kaur (deceased) was married 12-13 years back with Baljinder Singh, who was serving in Military and was posted in Assam. It is alleged that on 25.12.2010 at about 10.30 p.m., Tejinder Kaur (now deceased) was present in her house. Her children were also present there. After washing the utensils, she went to the kitchen. She told her mother-in-law Baldev Kaur to keep the utensils in the kitchen. However, she started abusing her and followed her to the kitchen. She (Baldev Kaur) took Rani Sarita 2014.03.25 10:16 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1542-DB of 2013 (O&M) -2- up the bottle filled with kerosene oil lying near the door of the kitchen and pour the same on her back. Then she set her on fire by lightening a stick of safety match box. The injured was removed to Civil Hospital, Ropar, from where she was referred to PGI, Chandigarh. On 26.12.2010 and 27.12.2010, Inspector Varinderjit Singh moved applications before the doctor regarding the fitness of the patient but she was declared unfit to make statement. Ultimately on 28.12.2010, Tejinder Kaur was declared fit to make statement. Thereafter, Inspector Varinderjit Singh moved an application before the Illaqa Magistrate, Chandigarh to record the 'dying declaration' of Tejinder Kaur. Accordingly, Shri Ranjeev Kumar, Judicial Magistrate Ist Class (Duty), Chandigarh visited PGI, Chandigarh and recorded the statement of Tejinder Kaur. On the basis of said statement, FIR (Ex.PA) was recorded. From the place of occurrence, the police recovered one bottle of kerosene oil, match box and two burnt match sticks. The burnt shawl, salwar, kamiz, koti, dupatta and hairs were also taken into possession. On 30.12.2010 accused was arrested. Accused was challaned by police under Sections 302, 307 and 506 IPC.
In support of its case, the prosecution examined as many as 12 PWs including Shri Ranjeev Kumar, Judicial Magistrate Ist Class, who had recorded the 'dying declaration' of the deceased.
In the statement under Section 313 Cr.P.C., the accused took the plea that on the day of occurrence, she was lying on the bed in the house as she was ill. Her neighbourers raised hue and cry. At Rani Sarita 2014.03.25 10:16 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1542-DB of 2013 (O&M) -3- that time, children of the deceased were also present in the house. She got opened the door of the kitchen, which was bolted from inside. Parents of the deceased were informed. Police arrived at the spot. Then police and Gurmukh Singh took the injured to the Civil Hospital, Ropar. It was further stated that Tejinder Kaur belonged to well to do family. She was not happy with the marriage. The 'dying declaration' was given by Tejinder Kaur after prompting and tutoring.
In defence, the accused examined Dr. JPS Sangha as DW1, Harpreet Singh, Inspector Food and Supplies as DW2, Lovepreet Kaur, daughter of the deceased as DW3, Parveen Kumar, employee of Harson Gas Service as DW4, Sukhjit Singh, Medical Record Technician, PGI, Chandigarh as DW5 and Dr. Rajiv Jassi as DW6.
After hearing the prosecution and the defence and going through the evidence, the learned Sessions Judge, Rupnagar, vide impugned judgment acquitted the accused while disbelieving the 'dying declaration'.
We have requisitioned the record of the trial court and have examined the same. We have also heard the learned counsel for the appellant on the merits of the case.
It is to be noted that Baldev Kaur, mother-in-law of the deceased is of an advance age. She is about 70 years of age, as per age given in the impugned judgment. The case is based upon the 'dying declaration' of the deceased.
It comes out from the perusal of the original file that Rani Sarita 2014.03.25 10:16 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1542-DB of 2013 (O&M) -4- Tejinder Kaur (deceased) had made statement (Ex.PH) before the S.H.O., P.S. Singh Bhagwantpur on 28.12.2010 in the presence of Dr. Pawan Kumar (Junior Resident) at PGI, Chandigarh, wherein she had stated that on 25.12.2010, she had gone to the kitchen. Her mother-in-law told her to place the utensils in the kitchen and started abusing her. Her mother-in-law came inside the kitchen. She picked up a bottle of kerosene lying near the door and pour the same on her back side and thereafter, she ignited the same with the match stick and started telling her that she will proclaim that it was shot circuit. In the 'dying declaration' (Ex.PX) recorded by the Magistrate, the deceased had also stated that her mother-in-law had picked up a bottle of kerosene lying near the door and pour the same on her back side and thereafter, put her shawl on fire.
Now, it is to be seen that whether the 'dying declaration' was rightly disbelieved by the trial court. When the inquest report (Ex.PQ) is examined, it comes out that the burn injuries were on the face, chest, abdomen, both arms, right thigh and left knee. The case history (Ex.D3) also shows that the burn injuries were on the face, chest, abdomen and on the front & back side of the right hand. In this way, the medical evidence contradicted the statement of the deceased to the effect that the kerosene oil was poured on her back side and the accused ignited fire from her back side. The lack of the injuries on the back side indicates that the 'dying declaration' is not corroborated by the medical evidence.
In addition to this, Lovepreet Kaur, DW3, the daughter of Rani Sarita 2014.03.25 10:16 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1542-DB of 2013 (O&M) -5- the deceased, aged about 12 years, stated that she is a student of 7th class. She stated that after cleaning the utensils, her mother Tejinder Kaur asked her grandmother Baldev Kaur to keep the utensils in the kitchen but she told that she is not feeling well and she is lying on the bed. Her mother Tejinder Kaur became angry and started breaking the utensils after throwing the same. She bolted the door of kitchen from inside and put the kerosene on her and set herself on fire. Then, they raised noise and shrieks. Her uncle Bittu came there and asked why she has done so and why she did not bother about her little children. Lovepreet Kaur is a stamped witness. She was present at the time of the occurrence. There is no reason to disbelieve her statement. She is of 12 years and sufficiently mature to depose in the court.
The perusal of the trial court record further shows that as per the cross-examination of Dr. Sunil Kumar, PW12, the history at the time of admission was given by Gurmukh Singh, uncle of the deceased, who was accompanying her. It was stated that it is a case of self inflicted thermal burns by Tejinder Kaur. Doctor further stated that to evaluate this fact, a psychiatric was called and his opinion was also taken. The psychiatric vide Ex.D5 had opined that Tejinder Kaur was suffering from IPR and she was disturbed because of the IPR problem and she had expressed sadness to her parents. She had expressed wish to her parents to die and attempted for self harm by wrist slashing burns but such act was aborted by her husband. Her sleep and appetite were reduced for several years. The patient Rani Sarita 2014.03.25 10:16 I attest to the accuracy and integrity of this document Chandigarh CRA No.D-1542-DB of 2013 (O&M) -6- was diagnosed to be case of severe depressive disorder with deliberate self harm. Therefore, it appears that the statement of Lovepreet Kaur, daughter of the deceased is correct that the deceased bolted the door of the kitchen from inside and herself attempted to commit suicide.
In addition to this, there were other draw backs in the prosecution case. The finger prints on the bottle of kerosene were not taken. The evidence of the doctor shows that the deceased had suicidal tendency due to her psychiatric problem. Her 'dying declaration' is contradicted by the medical evidence. Therefore, in our opinion the trial court has rightly acquitted the accused, while disbelieving the 'dying declaration' of the deceased. We do not find any illegality and perversity in the impugned judgment. In our opinion, from the evidence on the record, the view taken by the trial court is one of possible views. Thus, we do not find any merit in this appeal.
Dismissed.
(SATISH KUMAR MITTAL) (KULDIP SINGH)
JUDGE JUDGE
March 11, 2014
sarita
Rani Sarita
2014.03.25 10:16
I attest to the accuracy and
integrity of this document
Chandigarh