{"id":61157,"date":"2009-12-11T00:00:00","date_gmt":"2009-12-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dharmo-vs-state-of-punjab-on-11-december-2009"},"modified":"2015-10-01T09:50:08","modified_gmt":"2015-10-01T04:20:08","slug":"dharmo-vs-state-of-punjab-on-11-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dharmo-vs-state-of-punjab-on-11-december-2009","title":{"rendered":"Dharmo vs State Of Punjab on 11 December, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Dharmo vs State Of Punjab on 11 December, 2009<\/div>\n
                        Crl.A. No.252-DB of 2000                          -1-\n\n\nIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH\n\n                                                 Crl.A. No.252-DB of 2000\n\n                                DATE OF DECISION: December 11, 2009\n\nDHARMO                                                  ...APPELLANT\n\n                                 VERSUS\n\nSTATE OF PUNJAB                                         ...RESPONDENT\n\n\nCORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.\n       HON'BLE MR. JUSTICE JITENDRA CHAUHAN.\n\nPRESENT: MR. RAJIV VIJ, ADVOCATE FOR THE APPELLANT.\n         MS. MANJARI NEHRU KAUL, ADDL.A.G., PUNJAB.\n\n\nASHUTOSH MOHUNTA, J.\n<\/pre>\n
             Appellant Dharmo Devi is aggrieved by the judgement and<\/p>\n
order of sentence dated 6.3.2000, vide which she has been convicted under<\/p>\n
Section 302 IPC and has been sentenced to undergo imprisonment for life<\/p>\n
and to pay a fine of Rs.1000\/-. In default of payment of fine the accused has<\/p>\n
further been ordered to undergo R.I. for 6 months.\n<\/p>\n
            The facts of the prosecution case are that on 20.7.1992, ASI<\/p>\n
Harbhajan Singh (PW3) was present in Police Station Division No.7,<\/p>\n
Jalandhar and received a wireless message from Police Station Division<\/p>\n
No.4, Jalandhar to the effect that Kamlesh Rani W\/o Labha R\/o village<\/p>\n
Garha was lying admitted in Civil Hospital, Jalandhar. On receipt of the<\/p>\n
said wireless message ASI Harbhajan Singh deputed Head Constable<\/p>\n
Lakhbir Singh, who was accompanying him, for getting some Magistrate<\/p>\n
deputed for recording the dying declaration of Kamlesh Rani. Lakhbir<\/p>\n
Singh, HC gave application (Ex.PE) to the Addl.Deputy Commissioner,<\/p>\n
Jalandhar who further marked the application to Sh. Chander Gains,
\n                         Crl.A. No.252-DB of 2000                       -2-<\/span><\/p>\n
Executive Magistrate to do the needful. Thereafter, Chander Gains deputed<\/p>\n
Jaskaran Kaur, Executive Magistrate to record the statement of Kamlesh<\/p>\n
Rani. Jaskaran Kaur, Executive Magistrate came to the Civil Hospital,<\/p>\n
Jalandhar and before recording the statement of Kamlesh Rani, the<\/p>\n
Executive Magistrate sought the opinion of Dr.Santokh Singh Thind<\/p>\n
regarding the fitness of Kamlesh Rani to make the statement. Thereafter,<\/p>\n
the Executive Magistrate recorded statement (Ex.PA) of Kamlesh Rani<\/p>\n
which is as under.\n<\/p>\n
            “Statement of Smt. Kamlesh Rani wife of Sh. Lekh Chand r\/o<\/p>\n
            Garha Distt. Jalandhar H.No.423.\n<\/p><\/blockquote>\n
            Fit to make statement.\n<\/p><\/blockquote>\n
            Sd\/- S.S.Thind                      Sd\/- Jaskaran 8.55\n            20.7.92                             E.M. Duty 20.7.92\n            8.55 P.M.\n\n<\/pre>\n
            It is stated that I have four children. Three daughter and one<\/p>\n
            son. Even now I am going to give birth to a child. My mother-<\/p>\n
            law (Smt. Dharmo Devi) and my sister-in-law (Smt. Ratna wife<\/p>\n
            of Chaman used to quarrel with me daily. They are picking up<\/p>\n
            quarrels with me for the last 8 years. I was married 9 years<\/p>\n
            ago. Today on 20.7.92 at about 4.30 p.m. My mother-in-law<\/p>\n
            sprinkled kerosene oil and put me on fire. My mother-in-law<\/p>\n
            lives in our house and my sister-in-law uses to come here.<\/p>\n
            When the occurrence took place my sister-in-law was present.<\/p>\n
            My husband took me to the hospital. My husband is innocent.<\/p>\n<\/blockquote>\n
                                                 Sd\/- Jaskaran EM
\n                                                 20.7.92
\n                        Pt. Remained fit during statement.\n<\/p><\/blockquote>\n
                              Sd\/- S.S.Thind
\n                              20.7.92 at 9.05 PM”<\/p><\/blockquote>\n
\n                         Crl.A. No.252-DB of 2000                          -3-<\/span><\/p>\n
            On the aforesaid statement of Kamlesh Rani (Ex.PA) ASI<\/p>\n
Harbhajan Singh made his endorsement (Ex.PA\/1) and sent the same to the<\/p>\n
Police Station for registration of case, on the basis of which formal FIR<\/p>\n
(Ex.PA\/2) was recorded against the accused under Section 307\/34 IPC.<\/p>\n
Thereafter, ASI Harbhajan Singh proceeded to the place of occurrence and<\/p>\n
after inspecting the same prepared rough site plan (Ex.PF) with correct<\/p>\n
marginal notes. One empty bottle of kerosene oil (Ex.P1) and one half burnt<\/p>\n
match-box (Ex.P2) were recovered from the place of occurrence and the<\/p>\n
same were taken into possession vide recovery memo (Ex.PG). Ruqqa<\/p>\n
(Ex.PH) was received by ASI Harbhajan Singh regarding the death of<\/p>\n
Kamlesh Rani at about 11.15 p.m. On receipt of the ruqqa, ASI Harbhajan<\/p>\n
Singh came to the hospital on 21.7.1992 and prepared inquest report<\/p>\n
(Ex.PC) in respect of the dead body of the deceased and dead body was sent<\/p>\n
for post mortem examination. The autopsy on the dead body of Kamlesh<\/p>\n
Rani was conducted by Dr.Gurmit Singh, who found ante mortem injuries<\/p>\n
on the dead body and gave his opinion that death of Kamlesh Rani was due<\/p>\n
to hypovolenic shock which was sufficient to cause the death in the ordinary<\/p>\n
course of nature. The offence was converted into one under Section 302<\/p>\n
IPC.   During the investigation, accused was arrested on on 18.1.1993.<\/p>\n
Statement of Darshan Singh PW was recorded. After completion of<\/p>\n
necessary formalities of the case, challan against the accused was presented.<\/p>\n
            Finding a prima facie against the accused under Section 302<\/p>\n
IPC, she was charged to which she pleaded not guilty and claimed trial.<\/p>\n
            To prove its case the prosecution examined as many as 9<\/p>\n
witnesses. PW1 is Jaskaran Kaur, Executive Magistrate who recorded the<\/p>\n
dying declaration of Kamlesh Rani, deceased (Ex.PA). She stated hat she
\n                            Crl.A. No.252-DB of 2000                       -4-<\/span><\/p>\n
had gone to emergency ward of Civil Hospital, Jalandhar to record the<\/p>\n
statement of deceased and there was no other person present near Kamlesh<\/p>\n
Rani except the Doctor.       She further stated that Dr.Thind was treating<\/p>\n
Kamlesh Rani and there was no policial office inside the ward. She further<\/p>\n
stated that she did not get thumb impression of Kamlesh Rani nor get signed<\/p>\n
from her after concluding the statement.\n<\/p>\n
             PW2 Dr. Gurmit Singh conducted post mortem on the dead<\/p>\n
body of Kamlesh Ram wife of Labha Ram on 21.7.1992 and opined the<\/p>\n
following injuries:\n<\/p>\n
             “1.      Superficial to deep burns present all over the body<\/p>\n
                      except pubic area, soles and forehead. Skin peeled off<\/p>\n
                      at forearms, thighs, chest and abdomen.<\/p>\n<\/blockquote>\n
             2.       Wound of cut Section for intravenous drip present about<\/p>\n
                      1 cm above the right medical meliolous. On exploration<\/p>\n
                      of the uterus, shows early products of conception. No<\/p>\n
                      part formation was there.”<\/p><\/blockquote>\n
             During his cross-examination, Dr. Gurmit Singh clearly stated<\/p>\n
that due to burn injuries on the person of Kamlesh Rani, hypovolenic shock<\/p>\n
was there.\n<\/p>\n
             PW3 ASI Harbhajan Singh has given the detailed account of<\/p>\n
investigation conducted by him in this case.\n<\/p>\n
             PW4 Darshan Singh, stated that on 20.7.1992, he was present<\/p>\n
at his Dairy Farm at about 3.45 p.m. and at that time he noticed that<\/p>\n
daughter-in-law of Dharmo, accused, who had been set on fire, came out of<\/p>\n
her house. He further stated that due to catching of fire on her body,<\/p>\n
Kamlesh Rani fell down on the road intervening his dairy farm and house of
\n                         Crl.A. No.252-DB of 2000                         -5-<\/span><\/p>\n
Dharmo accused. He stated that he threw a wet gunny sheet on her and<\/p>\n
extinguished the fire. After about 15 minutes, Labha S\/o Dharmo came<\/p>\n
there and he lifted the daughter-in-law of Dharmo and took away with him.<\/p>\n
            PW7 Dalip Singh, Draftsman proved the scale site plan<\/p>\n
(Ex.PW7\/A).\n<\/p>\n
            Apart from the aforesaid witnesses, other formal witnesses<\/p>\n
were also examined by the prosecution and closed the evidence.<\/p>\n
            After closure of the prosecution evidence, statement of the<\/p>\n
accused were recorded under Section 313 Cr.P.C.          All the allegations<\/p>\n
appearing in evidence were put to them. They denied the same and pleaded<\/p>\n
innocence. In defence, the accused examined DW1 Chaman Lal and DW2<\/p>\n
Labh Chand.\n<\/p>\n
            The trial Court after considering the dying declaration and<\/p>\n
relying upon the statement of the prosecution witnesses convicted and<\/p>\n
sentenced Dharmo Devi, accused-appellant, whereas, the other accused<\/p>\n
Ratna Devi was acquitted of the charge.\n<\/p>\n
            Counsel for the appellant has argued that the dying declaration<\/p>\n
allegedly made by the deceased before the Executive Magistrate, Jaskaran<\/p>\n
Kaur was neither signed nor thumb marked by the deceased and further that<\/p>\n
there is nothing on record to show that the deceased was not in a position to<\/p>\n
append her signatures or thumb mark on the dying declaration. It has also<\/p>\n
been argued that the dying declaration has not been recorded in questions<\/p>\n
and answers form and hence the same cannot be taken into consideration for<\/p>\n
convicting the accused. Learned counsel has also argued that there is no<\/p>\n
other evidence which corroborates the dying declaration made by the<\/p>\n
deceased. He has submitted that it was the deceased herself who had set
\n                           Crl.A. No.252-DB of 2000                        -6-<\/span><\/p>\n
herself on fire. He has further argued that PW3 ASI Harbhajan Singh,<\/p>\n
Special Branch, Nakodar stated that on receiving the information about the<\/p>\n
admission of Kamlesh Rani in the Civil Hospital, Jalandhar he went there,<\/p>\n
but could not talk to her as she had become unconscious. Learned counsel<\/p>\n
has submitted that if the deceased was unconscious at the time when she<\/p>\n
was brought to the hospital, then her dying declaration obviously could not<\/p>\n
have been recorded by the Executive Magistrate and hence the accused<\/p>\n
deserves to be acquitted.\n<\/p>\n
             The arguments raised by the counsel for the appellant have<\/p>\n
been controverted by the counsel appearing for the State, who has submitted<\/p>\n
that the dying declaration (Ex.PA) which was made by deceased Kamlesh<\/p>\n
Rani was recorded by the Executive Magistrate Jaskaran Kaur PW9. He has<\/p>\n
submitted that the dying declaration was recorded by the Executive<\/p>\n
Magistrate after obtaining opinion of the Doctor that the deceased was in a<\/p>\n
fit state of mind to give a statement and this has further been corroborated<\/p>\n
by the medical evidence furnished by the Dr. Gurmit Singh, PW1, who<\/p>\n
conducted the post mortem examination on the dead body of the deceased.<\/p>\n
The evidence of Executive Magistrate itself is sufficient to prove that it was<\/p>\n
the accused Dharmo Devi who had sprinkled kerosene oil on the deceased<\/p>\n
and thereafter set her on fire.\n<\/p>\n
             Counsel for the State has also argued that the signatures or the<\/p>\n
thumb impression of the deceased could not be obtained in dying<\/p>\n
declaration as she had sufficient superficial and deep burns all over her<\/p>\n
body and hence the possibility of obtaining her thumb impression of<\/p>\n
Kamlesh Rani was remote.          He has submitted that non-obtaining of<\/p>\n
signature\/thumb impression on the dying declaration recorded by the
\n                           Crl.A. No.252-DB of 2000                       -7-<\/span><\/p>\n
Executive Magistrate cannot detract the genuineness of the dying<\/p>\n
declaration.\n<\/p>\n
               Learned State counsel has further submitted that deceased<\/p>\n
Kamlesh Rani had become unconscious initially, but when her dying<\/p>\n
declaration was recorded by the Executive Magistrate, she was fully<\/p>\n
conscious. This fact has duly been certified by the Doctor who had opinied<\/p>\n
that Kamlesh Rani was fit to make a statement. It is thus, submitted by the<\/p>\n
counsel for the State that prosecution has been able to prove its case to the<\/p>\n
guilt against the accused and the appeal deserves to be dismissed.<\/p>\n
               We have heard the counsel for the parties at length and have<\/p>\n
examined the entire record.\n<\/p>\n
               A perusal of the statement of PW1 Mrs. Jaskaran Kaur,<\/p>\n
Executive Magistrate shows that before recording the statement of Kamlesh<\/p>\n
Rani, she had obtained opinion from the Doctor whether Kamlesh Rani was<\/p>\n
fit to make a statement or not. On getting the opinion that Kamlesh Rani<\/p>\n
was fit to make a statement, she recorded the dying declaration (Ex.PA) of<\/p>\n
Kamlesh Rani. Mrs. Jaskaran Kaur, Executive Magistrate has further stated<\/p>\n
that Kamlesh Rani remained fit during her deposition and that while her<\/p>\n
statement was being recorded, there was no one in the ward except Dr.S.S.<\/p>\n
Thind. All the other persons including the police officials were outside the<\/p>\n
ward. PW1 has denied the suggestion that Kamlesh Rani was not in a fit<\/p>\n
condition to make statement or that she never made any statement before<\/p>\n
her. PW9 Jaskaran Kaur was holding the post of Executive Magistrate and<\/p>\n
nothing has been brought on record to suggest that she was in any manner<\/p>\n
inimical toward the accused. It has been categorically stated by her that she<\/p>\n
had recorded the dying declaration of Kamlesh Rani and therefore, her
\n                           Crl.A. No.252-DB of 2000                        -8-<\/span><\/p>\n
testimony is trust-worthy and reliable.\n<\/p>\n
               The argument of the counsel for the appellant that signature or<\/p>\n
thumb impression of the deceased were not obtained on the dying<\/p>\n
declaration is without merit, as according to Dr. Gurmit Singh PW2, who<\/p>\n
conducted the post mortem on the dead body of the deceased had deposed<\/p>\n
that the deceased had been suffering from superficial deep burns all over her<\/p>\n
body, except pubic hairs, soles and forehead. Dr. Gurmit Singh has further<\/p>\n
deposed that the skin had peeled off at forearms, thighs, chest and abdomen.<\/p>\n
A perusal of the aforementioned injuries makes it clear that the deceased<\/p>\n
had been suffering from superficial deep burns all over her body, except<\/p>\n
pubic hairs, soles and forehead which means that there were burn injuries on<\/p>\n
the hands also and hence it was not possible for Jaskaran Kaur, Executive<\/p>\n
Magistrate, PW9 to obtain her signature or thumb impression on the dying<\/p>\n
declaration.\n<\/p>\n
               In view of the statement made by PW9 Mrs.Jaskaran Kaur,<\/p>\n
Executive Magistrate, the non-obtaining of signature or thumb impression<\/p>\n
on the dying declaration will not detract from the genuineness of the<\/p>\n
statement of the deceased.\n<\/p>\n
               Apart from the above, a perusal of the dying declaration shows<\/p>\n
that the accused Dharmo Devi used to quarrel with the deceased on a<\/p>\n
regular basis. As per the dying declaration, the accused had been quarreling<\/p>\n
with the deceased for the last more than 8 years.          The deceased had<\/p>\n
categorically stated that it was accused Dharmo Devi who had sprinkled<\/p>\n
kerosene oil on her and set her on fire. She had not implicated her husband<\/p>\n
in any manner. The dying declaration is truthful and was made voluntarily<\/p>\n
before the Executive Magistrate, PW9 and the conviction can be based on
\n                         Crl.A. No.252-DB of 2000                          -9-<\/span><\/p>\n
the same, specially, when it has been recorded by the Executive Magistrate.<\/p>\n
The dying declaration was not tutored or prompted by anyone, as no one,<\/p>\n
except the doctor was present at the time when the same was recorded.<\/p>\n
            In the dying declaration, the deceased had not tried to implicate<\/p>\n
any person falsely. She had attributed the act of setting her on fire only to<\/p>\n
Dharmo Devi, accused-appellant. She stated that at the time of setting her<\/p>\n
on fire, Ratna, accused was also present, however, she had not attributed<\/p>\n
any role to Ratna as far as sprinkling of kerosene oil on her and setting her<\/p>\n
on fire is concerned. Thus, we are of the considered opinion that the dying<\/p>\n
declaration was made by Kamlesh Rani voluntarily. As per Mrs. Jaskaran<\/p>\n
Kaur, Executive Magistrate, the deceased was in a fit condition to make a<\/p>\n
statement and that Dr. Thind had duly certified about the fitness of the<\/p>\n
deceased to make a dying declaration.\n<\/p>\n
            In view of the above, we hold that the prosecution has been<\/p>\n
able to prove beyond any reasonable doubt that it was accused Dharmo Devi<\/p>\n
who had committed the murder of Kamlesh Rani by sprinkling kerosene oil<\/p>\n
on her and by setting her on fire. We, therefore, upheld the conviction and<\/p>\n
sentence of Dharmo Devi, appellant and dismiss the appeal.<\/p>\n
            If the accused is on bail, her bail bonds are cancelled and she be<\/p>\n
taken into custody forthwith to serve out the remaining portion of her<\/p>\n
sentence.<\/p>\n
\n\n\n                                        (ASHUTOSH MOHUNTA)\n                                              JUDGE\n\n\n\nDecember 11, 2009                       (JITENDRA CHAUHAN)\nGulati                                        JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Dharmo vs State Of Punjab on 11 December, 2009 Crl.A. No.252-DB of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.A. No.252-DB of 2000 DATE OF DECISION: December 11, 2009 DHARMO …APPELLANT VERSUS STATE OF PUNJAB …RESPONDENT CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON’BLE MR. JUSTICE JITENDRA CHAUHAN. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-61157","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nDharmo vs State Of Punjab on 11 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dharmo-vs-state-of-punjab-on-11-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dharmo vs State Of Punjab on 11 December, 2009 - 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