Satya Narain & Anr v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. February 26, 2009 Dharmender

* IN THE HIGH COURT OF DELHI % Date of Decision: February 26, 2009 + CRL.A.114/2001 SATYA NARAIN & ANR. ..... Appellants Through: Dr.L.S.Chaudhary, Advocate. versus STATE ..... Respondent Through: Mr.Pawan Sharma, Advocate. CRL.A.132/2001 KAMAL KISHORE ..... Appellant Through: Dr.L.S.Chaudhary, Advocate. versus STATE ..... Respondent Through: Mr.Pawan Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether judgment should be reported in Digest? Yes : PRADEEP NANDRAJOG, J. (ORAL) 1. Appellant Kamal Kishore has been convicted for the offences punishable under Section 302 and Section 498-A IPC. He has been sentenced to imprisonment for life and pay a fine in sum of Rs.5,000/-; in default of payment of fine to undergo simple imprisonment for six months for the offence of murder. He has been sentenced to imprisonment for three years and pay a fine in sum of Rs.2,000/-; to undergo simple imprisonment for three months in default of payment of fine for the offence punishable under Section 498-A IPC. His parents i.e. the appellants of Crl.Appeal No.114/2001 have been convicted for the offence punishable under Section 498-A IPC and have been sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs.2,000/-; in default to undergo simple imprisonment for three months. The sentences imposed upon appellant Kamal Kishore have been directed to run concurrently. 2. Learned counsel for the appellants and the State submit that pertaining to the charge of murder, the fate of appellant Kamal Kishore has to be decided with reference to the three dying declarations made by the deceased Sanjana W/o Kamal Kishore. Whether the convictions of the appellants for the offence punishable under Section 498-A IPC can be sustained would depend upon the second and the third dying declaration made by Sanjana and the testimonies of her father PW-5 and her brothers PW-4 and PW-6. 3. The reason being that the learned Trial Judge has held that the first dying declaration made by the deceased to Dr.Porag Neog PW-7, which finds a reflection in the MLC Ex.PW- 7/A was not voluntarily made by Sanjana and that her dying declaration Ex.PW-22/A made to the investigating officer SI K.P.Malik PW-22, as well as the third dying declaration Ex.PW- 10/A made to the Sub-Divisional Magistrate Shri S.K.Singh PW- 10 inspired confidence and since the latter two dying declarations inculpated appellant Kamal Kishore as the offender; having poured kerosene oil on Sanjana and set her on fire, it has been held that the charge against Kamal Kishore for having murdered his wife stands established. Pertaining to the charge for the offence punishable under Section 498-A IPC, the learned Trial Judge has held that the dying declarations Ex.PW-10/A and Ex.PW-22/A as also the deposition of the father and brothers of the deceased evidenced that the deceased was treated with cruelty, both mental and physical due to the fact that the appellants were aggrieved by the dowry brought by the deceased and were desiring more dowry to be given by her parents. 4. It is not in dispute that Sanjana suffered burn injuries in her house at around 9.30 AM on 1.6.1998. At 9.35 AM vide Ex.PW-19/A lady Const.Prabha PW-19, then posted in the police control room recorded the information that an informant had informed on the number 100 that a girl named Sanjana W/o Kamal Kishore had caught fire while cooking food on a stove. 5. Kirori Mal PW-3, a neighbour rushed Sanjana to Safdarjung Hospital where she was admitted, as recorded in the MLC at 10.45 AM on 1.6.1998. Dr.Porag Neog PW-7 attended to her and in the MLC Ex.PW-7/A noted the history of the burns suffered by Sanjana, in the following words: Alleged H/o sustaining burn injury when the patient was cooking food over a kerosene oil stove when her clothes caught fire. While deposing