Research › Search › Judgment

Punjab High Court · body

2007 DIGILAW 22 (PNJ)

Kewal Krishan v. State Of Punjab

2007-01-10

ARVIND KUMAR, MEHTAB S.GILL

body2007
Judgment Mehtab S.Gill, J. 1. This is an appeal against the judgment/order dated 7-7-1997 of the Additional Sessions Judge, Gurdaspur whereby he convicted appellant Kewal Krishan son of Om Nath under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000.00 in default, to further undergo RI for 3 months. 2. The case of the prosecution is unfolded by the statement of Urmala Rani Ex. PG given to ASI Tilak Raj on 16-4-1992 at 1.45 p.m. in Civil Hospital, Gurdaspur. Urmala Rani wife of Kewal Krishan stated that her father had expired about 18 years back. She had 5 sisters and one brother. About 14 years back she was married with Kewal Krishan son of Om Nath. No child was born. Her husband Kewal Krishan got addicted to drinking liquor because she could not give birth to a child. Her husband wanted to contract a second marriage which she forbade him to do so. Due to this, relations between them became strained and quarrels erupted. On 15-4-1992 at about 2 p.m. Urmala Rani and her husband Kewal Krishan quarrelled with each other. Kewal Krishan gave her beating with a wooden Danda (Thapi) and then sprinkled kerosene oil after taking it out of the stove. Her clothes were then set on fire by lighting a match stick. As a result she sustained burn injuries on her body, abdomen, breast, hands and legs. She raised a hue and cry. Kewal Krishan then put a quilt over her and extinguished the fire. Thereafter her father-in-law Om Nath came there and called the doctor who administered Glucose Dextrose to her, Thereafter her father-in-law admitted her in Civil Hospital, Gurdaspur. Her husband Kewal Krishan set her on fire with the intention to kill her. On the basis of this statement FIR Ex. PG/ 2 was registered on 16-4-1992 at 3.30 p.m. Special report reached the JMIC, Gurdaspur on 17-4-1992 at 9 a.m. 3. Urmala Rani) at that time had 60% burns. Seeing her condition to be serious, she was shifted to Guru Nanak, Dev Hospital, Amritsar and died, on 29-4-1992, Initially a case under Section 307, IPC was registered and thereafter due to the death of Urmala Rani, the case was converted under Section 302, IPC. 4. The prosecution to prove its case, brought lnl,q the witness-box Dr. Seeing her condition to be serious, she was shifted to Guru Nanak, Dev Hospital, Amritsar and died, on 29-4-1992, Initially a case under Section 307, IPC was registered and thereafter due to the death of Urmala Rani, the case was converted under Section 302, IPC. 4. The prosecution to prove its case, brought lnl,q the witness-box Dr. R.K. Atri P.W. 1, Bishan pass P.W. 2, Ashwani Kumar P.W. 3, ASI Tilak Raj P.W. 4, Constable Karnail Singh P.W. 5, Dr. Sat Pal Garg P.W. 6 and Dr. Nirmal Dass P.W. 7. 5. The accused produced three defence witnesses Narain Singh D.W. 1, Pritam Dass D.W. 2 and Amarjit Singh Multanl D.W. 3. 6. Learned Counsel for the appellant has argued that this is an admitted fact, that the marriage of Urmala Rani had taken place 14 years back and the couple was not blessed with any issue. Some quarrels did take place due to this. There is no evidence that the accused /appellant wanted to go in for a second marriage. In fact, in the alleged dying declaration Ex, PG, Urmala Rani has stated that her husband Kewal Krishan put a quilt over her to extinguish the fire. If the appellant had set Urmala Rani on fire, he would not have tried to save her life, or would not have taken her to the hospital. Death in this case had taken place after 2 weeks of the occurrence. P.W. 2 Bishan Dass, uncle of the deceased has stated that he told the police about the burning of Urmala Rani on 16-4-1992, i.e. after the FIR Ex. PG/2 had come into existence. It is clear that Urmala Rani was tutored to make a false statement against her husband. Nothing has come on record that on earlier occasions appellant beat up Urmala Rani, or quarrelled with her. 7. The defence version put forward by Narain Singh D.W. 1, Pritam Dass DW-2 and Amarjit Singh Multani D.W. 3 is truthful,and cogent. Appellant was not present in the house at the time when Urmala Rani set herself on fire. 8. Learned Counsel for the State has argued that the dying declaration Ex. PG is itself a document and a statement which points to the guilt of the appellant. In his statement under Section 313, Cr. Appellant was not present in the house at the time when Urmala Rani set herself on fire. 8. Learned Counsel for the State has argued that the dying declaration Ex. PG is itself a document and a statement which points to the guilt of the appellant. In his statement under Section 313, Cr. P.C. appellant has not uttered a word about the plea of alibi being taken as propounded by the defence witnesses. He has also not stated that the deceased idled due to the bursting of a stove. Deceased Urmala Rani would not have falsely implicated her own husband and let the actual culprits go scot free. Even if It is taken for the sake of argument that she was tutored by Bishan Dass P.W. 2 and Ashwani Kumar P.W. 3, this fact cannot be overlooked that she died after two weeks i.e. on 29-4-1992 During this period, her conscience would not have allowed her to stick to her statement Ex. PG and she would have told the truth to everyone and named the actual culprit. But as her own husband appellant Kewal Krishan had poured kerosene Oil on her and set her on fire, she stuck to her statement Ex. PG till her death. 9. We have heard the learned Counsel for the parties and perused the record with their assistance. 10. The dying declaration Ex. PG was recorded by ASI Tilak Raj P.W. 4 after he moved an application Ex. PB before the C.M.O. Civil Hospital, Gurdaspur whether Urmala Rani was fit to make a statement or not vide endorsement Ex. PB/I. The doctor opined on 16-4-1992 at 1 p.m. that the patient was fit to make a statement. It is thereafter that he recorded her statement Ex. PG on the basis of which FIR Ex. PG/2 was recorded. In the dying declaration Ex. PG deceased Urmala Rani has given a detailed account of the quarrel with her husband i.e. the appellant. She has stated that appellant poured kerosene on her after giving her a beating with a Thapi. The kerosene oil was taken from a stove. Thereafter he set her clothes on fire in which she sustained burn injuries. The truthfulness of the dying declaration comes out when she has stated that her husband Kewal Krishan put a quilt over her and extinguished the fire. The corroboration to the dying declaration has come from Bishan Dass. The kerosene oil was taken from a stove. Thereafter he set her clothes on fire in which she sustained burn injuries. The truthfulness of the dying declaration comes out when she has stated that her husband Kewal Krishan put a quilt over her and extinguished the fire. The corroboration to the dying declaration has come from Bishan Dass. P.W. 2 and Ashwani Kumar P.W. 3. Dr. R. K. Atri P.W. 1 has stated that the patient had burn injuries of 60%. Urmala Rani was treated by Dr. Ashok Mahajan whose signatures he identifies. The bed head ticket is Ex. PA. Dr. Sat Pal Garg P.W. 6 has stated that Urmala Rani died because of deep burns over her neck, left side of face, left ears, front of chest and abdomen.; The other parts of her body were also burnt. The death took place as a result of these burn injuries. The medical evidence also (Corroborates the dying declaration. 11. A plea has been taken by the defence witnesses especially by Narain Singh D.W. 1 that appellant Kewal Krishan along with him was taking sugarcane juice in Kalanaur when a person came to them and told them that Urmala Rani had caught fire. Thereafter the appellant went to her house. Narain Singh D.W. 1 followed, him and saw that the clothes of Urmala Rani had been burnt. He has further stated that appellant took her to the doctor. He has further stated that when he went to the house of the appellant, he did not talk with Urmala Rani. He did not tell the police, nor did; ask the Village Panchayat to pass a resolution regarding innocence of the appellant. Nar,ain Singh D.W. 1 is a respectable of the village and holds the post of a Lamberdar. He was duty bound to tell the police and other respectables of the village that appellant did; not have any hand in the burning of his wife. But he kept mum. The plea of alibi has not been taken by the appellant in his statement under Section 313, Cr. P.C. 12. Similarly, Amarjit Singh Multani D.W. 3 has stated that he enquired from Urmala Rani as to how she got these burn injuries. Urmala Rani told her that it was due to accidental fire by bursting of a stove. This witness is a registered medical practitioner. P.C. 12. Similarly, Amarjit Singh Multani D.W. 3 has stated that he enquired from Urmala Rani as to how she got these burn injuries. Urmala Rani told her that it was due to accidental fire by bursting of a stove. This witness is a registered medical practitioner. He has also stated that he never appeared before the police, nor did he tell the police what deceased Urmala Rani had told her. 13. The defence witnesses have tried to make out a case which has not been stated by the appellant in his statement under Section 313, Cr. P.C. Appellant has not stated that he was at a cane-crusher and was having sugarcane juice when the occurrence had taken place and he at that time was not in his house. 14. We do not find any infirmity in the judgment of the learned trial Court. 15. Appeal is dismissed.