JUDGMENT
T.H.B. Chalapathi, J.
1. The accused-appellant was convicted for the offences under Sections 306 and 498-A, I.P.C. by the learned Additional Sessions Judge, Barnala in Sessions Case No. 3 of 1995 decided on 9/10.2.1999.
2. According to the case of the prosecution, the accused-appellant married the deceased in January, 1994 and that the wife of the accused namely Jaswinder Kaur committed suicide on 30.9.1994. Further according to the prosecution, the accused namely the appellant and his mother, who is accused No. 3 and the paternal uncle of the appellant, who is accused No. 2, were picking up quarrel on minor things with the deceased immediately after her marriage and, therefore, being fed up, the deceased set fire on herself by pouring kerosene oil from the stove. The daughter-in-law of the paternal uncle of the appellant extinguished fire and they took her to the house of the paternal uncle of the appellant from where she was taken to a private Hospital and thereafter she was removed to the Hospital at Ludhiana. While undergoing treatment, Jaswinder Kaur (deceased) died on 30th September, 1999. On the basis of the statement given by the deceased before her death, a case was registered and the investigation was taken up. After completion of the investigation, a charge-sheet was filed against the appellant and two others namely the mother-in-law of the deceased and paternal uncle of the appellant namely Ginder Singh, accused No. 2.
3. On the basis of the material placed before him, the learned Magistrate committed the case to the Court of Session. The learned Additional Sessions Judge framed appropriate charges against the accused to which all the three pleaded not guilty.
4. In order to prove the guilt of the accused, the prosecution, examined seven witnesses. After closure of the prosecution evidence, the accused were examined under Section 313, Cr. P.C. According to their statements, when the deceased was preparing tea, extensive kerosene oil came out of the stove and while lighting the stove, she received burn injuries arid the family members extinguished the fire and took her to the private Hospital from where she was referred to D.M.C., Ludhiana and the parents of the deceased were informed on 24.9.1994 and Assistant Sub-Inspector Jit Singh recorded the statement of the deceased to whom the deceased stated that she caught fire from the stove while preparing the tea. Therefore, the death of the deceased was accidental. In defence the accused examined one witness who produced the Roznamcha dated 26.9.1994 and also Assistant Sub-Inspector Jit Singh as D.W. 2.
5. On a consideration of the evidence on record, the learned Additional Sessions Judge, Barnala convicted accused No. 1 namely the appellant and acquitted the other two accused and sentenced the appellant to undergo rigorous imprisonment for a period of four years and pay a fine of Rs. 2,000/- and in default to undergo R.I. for a period of six months for the offence under Section 306, I.P.C. and also sentenced him for the offence under Section 498-A, I.P.C. to undergo R.I. for a period of one year and pay a fine of Rs. 1,000/-.
6. Aggrieved by the aforesaid conviction and sentence, the appellant has filed this appeal.
7. There is no dispute of the fact that the deceased Jaswinder Kaur died due to burn injuries while undergoing treatment in the Hospital. The entire case surrounds on the statement made by the deceased while undergoing treatment. The learned Additional Judge based the conviction of the accused-appellant on the dying-declaration said to have been given by the deceased, but the learned Additional Sessions Judge overlooked the fact that the deceased had not given one statement while undergoing treatment.
8. The oral evidence adduced in this case is not of much importance. The prosecution is relying on the statement of the deceased which was given by her to Inspector Dhian Singh, Police Station Kotwali, Barnala on 27.9.1994. In that statement the deceased is alleged to have stated as follows :
“My husband Pappu used to level false allegations against me that I was staring at other persons and used to quarrel with me. My mother-in-law Surjit Kaur was saying that she is to get nothing from this Dola, that I was not working for the whole day and they have not to return my dowry articles. My father-in-law’s brother (Chacha Sauhra) Ginder Singh was saying that dowry articles are to be returned at any cost and they used to quarrel with me. I had not talked about this maltreatment with my parents and other relatives. I was thinking that they will stop quarrelling after some time. But they did not stop from doing those quarrel some matters and used to tease me every time. Then feeling fed up, I poured kerosene oil upon me from the stove. The stove was lying in the house and kerosene oil was in it. I poured the kerosene oil on my body and put myself on fire with the help of match stick and I fell on the floor in the kitchen. Then two daughters-in-law of my father-in-law’s elder brother namely Karamjit Kaur wife of Bhola Singh and Paramjit Kaur wife of Darshan Singh, residents of Barnala extinguished the fire. Then I was taken to the house of my father-in-law’s brother Ginder Singh and I was told that I should not make such statement that they were quarrelling with me otherwise they will not admit me in the Hospital and they will get me injected a poison injection, but I kept mum and then they took me to a private Hospital at Barnala for treatment. One day thereafter, I was taken to Daya Nand Hospital, Ludhiana for treatment by my uncle Bhola Singh.”
9. Thus it is to be seen whether the statement made seven days after the occurrence can be relied upon to convict the accused. three days earlier thereto Jit Singh, Asstt. Sub-lnspector of Police Station Kotwali, Barnala recorded the statement of the deceased i.e., on 24.9.1994 which has been marked as Exhibit DC. In the statement, the deceased stated to the Assistant Sub-Inspector of Police as follows:
“On 21.9.1994 in the evening at about 4 p.m. I was alone at home and was preparing tea on the stove. Then kerosene oil came out in excess from our stove when I lit it, then the fire at once being excess caught my body/stomach, then I raised alarm ‘Mar Dita, Mar Dita’ and came out of the house. In the meantime my father-in-law’s brother Ginder Singh and mother-in-law Sito came out from the street who put off the fire and they brought me for treatment in private hospital, Barnala and thereafter I was admitted for treatment in D.M.C., Ludhiana, where I am under treatment. The fire caught my body due to coming out-of excess kerosene oil from the stove while I was preparing tea. In this incident no one is at fault.”
10. There is no dispute of the fact that the deceased was admitted in Daya Nand Medical College and Hospital, Ludhiana on 24.9.1994. Even according to the deceased she was admitted in D.M.C., Ludhiana by her uncle Bhola Singh son of Bachan Singh. At the time of admission in the Hospital the cause of burn is recorded as follows:
“19 years female allegedly involved in flame burn due to bursting of stove at 5.00 p.m. on 21.9.1994 at home, fire was put off by family members.”
11. Thus it is clear that the earliest version given to the Doctor which is marked as Exhibit P-F was that the incident took place due to bursting of the stove. It is clear from the same that her family members put off the fire. This version is further supported by the statement made by the deceased on 24.9.1994 before the Assistant Sub-Inspector Jit Singh.
12. It is also pertinent to note that mother of deceased namely Nasib Kaur gave a statement to Assistant Sub-Inspector, Police Station Kotwali on 24.9.1994. It is useful to refer to what she had stated in her statement which is marked as Exhibit DD and it reads as follows:
“On 22.9.1994 when we received message at our village that your daughter received burn injuries due to fire, who has been got admitted in D.M.C., Ludhiana for treatment, I enquired from my daughter in the hospital for the incident of fire who told me that she was preparing tea on the stove and due to coming of excess oil from the stove while she was lighting, she caught fire. In this incident no one is at fault at all and my daughter caught fire incidentally and my daughter does not want to take any action against any one.”
13. Even according to the deceased, Bhola Singh her uncle admitted her in the Daya Nand Medical College and Hospital, Ludhiana. In his evidence as P.W. 5 he clearly stated that Jaswinder Kaur told the Doctor that she had suffered injuries on account of bursting of stove and the Doctor recorded her statement which was read over to them and it was thumb marked by Jaswinder Kaur and also by them. Thus it is clear that the deceased in her earlier versions given to the Doctor and to her mother and also to ASI on 24.9.1994 had categorically stated that she caught fire due to excessive kerosene oil coming out of the stove while preparing tea. The FIR was registered on the basis of the statement said to have been given by the deceased seven days after the incident. But the earlier statement of the deceased given to ASI Jit Singh on 24.9.1999 which is marked as Exhibit DC does hot narrate the story as contained in the FIR. In view of the earlier statement made by the deceased to ASI Jit Singh and also her uncle and to her mother falsifies the so-called dying declaration said to have been made to Inspector Dhian Lai on 27.9.1994.
14. In view of the conflicting versions given by the deceased, it is unsafe to rely upon the statement of the deceased which formed the basis of the FIR. I am, therefore, unable to place any reliance on the statement given by the deceased to Inspector Dhian Lal on 27.9.1994 which had been given six days after the incident. The earlier statement given by the deceased to her own mother on 24.9.1994 belies the statement said to have been given on 27.9.1994. In this view of the matter, I am of the opinion that the accused is entitled to be acquitted of the charges framed against him.
15. I accordingly allow the appeal, set aside the conviction and sentence imposed on the accused and he is acquitted of the charges framed against him. Since the accused is in jail, he is directed to be released forthwith.