Harish Kumar Versus State of Haryana

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1297 OF 2011

Harish Kumar … Appellant

Versus

State of Haryana … Respondent

 

Brief facts of the present case are that accused Harish Kumar got married with Manisha (deceased) on 14.1.1992.The couple was blessed with a son in the month of November, 1992. They used to live in Hansi in the district of Hisar, Haryana. On 13.9.1993 at about 10.30 p.m., Manisha suffered burn injuries, and she was immediately taken by her husband Harish Kumar (appellant) to Civil/General Hospital where she was admitted at 11.00 p.m., i.e., within half an hour of the incident. PW-1 Dr. M.L. Kalra, Medical Officer of said hospital, who admitted the patient, recorded following medico legal injuries:

 “Superficial burn injuries on anterior part of neck, most part of trunk, right side of back, both buttock, both thighs, including knees, right foot, most of left upper limb total area of burn 50-60%”.

In the opinion of the Medical Officer (PW-1), nature of injuries was dangerous to life, probable duration of injuries within 36 hours. In the column – History/outdoor -“accidental burn injuries” were mentioned in the medico legal report (Copy Annexure P-1). The Medical Officer sent a memo (Ruqa) Ext. PB to Police Station. On next day, i.e.,14.9.1993, a dying declaration (Copy Annexure P-2) was recorded by Baru Ram, Naib Tehsildar (DW-2) in the presence of Dr. Surender Singh (DW-1 ) of the Civil/General Hospital, Hansi….read more