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TMI Blog2002 (1) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... e was not cordial and there used to be constant quarrels between the duo. It was also alleged by the prosecution that the appellant was a wavered person given to bad habits, therefore, his father in order to safeguard the monetary interest of the family, had purchased a house in the name of his wife, and also two cars, apart from investing money in certain FDs, for the benefit of the children which was also in the joint names of the father of the appellant and his wife, thereby excluding the appellant from handling the monetary affairs of the family. It is further stated that on 17.12.1993 there was a quarrel between the deceased and the appellant in regard to the sale of two cars registered in the name of the deceased and the purchase of a new car which was registered in the appellant's name. Because of the said quarrel, the appellant beat the deceased with a stick earlier on that day. It is further stated that at about 7 p.m. on the fateful day, the appellant came home and called the deceased to the bathroom where he splashed petrol on her which he had kept in a mug and lit the deceased with a candle consequent to which the deceased was engulfed in flames and she ran out of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court in regard to the charge of contradictions and improvements pointed out by the defence as to the evidence of PW-4, held thus: "As regards the alleged improvements made by her i.e. complainant, I find that there is no material improvement in her statement. The statement recorded by the police is meant to be a brief statement and it is not expected to cover each and every matter and so if the witness gives detailed version in the court which he or she had not given in his/her statement to the police, it cannot be said that he or she had improvement upon his/her earlier statement made to the police. There is no material improvement in the statement of the complainant over the statement made by her to the police. Even to the police complainant Nisha had stated that as the accused had been beating her daughter and had been harassing her, she was living there to protect her and to look after her and that the accused had firstly beaten her daughter and threatened her that he would finish her and would not transfer the vehicle in her name and then he had returned at 6.30 P.M. and had sprinkled petrol by pulling her from the room and had then lighted the candle and had thrown th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od character and that he used to bring other ladies for illicit relationship. This statement of the witness which was marked as Ex. PC, have not been recorded in Ex.PC. (ii). That on earlier 6/7 occasions also she had visited the house of Ruksana (the deceased) at Panchkula and stayed with her for 2-3 days each time. This statement was found to have not been recorded in Ex. PC. (iii). That she had stated before the Police that the accused had called the deceased to the bathroom and the deceased had gone to the bathroom and at that time the witness was standing in front of the bathroom. Even this statement was not found in Ex. PC. (iv). That she had stated in her statement that the accused had poured kerosene upon the deceased which was contained in a jug lying in the bathroom. This statement also was not found in Ex. PC. (v). That she had stated before the Police that she had entered the bathroom to save her daughter Ruksana which statement was also not found in her previous statement Ex. PC. Based on these improvements which, according to the learned counsel, are very material for testing the veracity of the evidence tendered by PW-4, he contended that it is not safe to rely upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of the incident, she was residing with her daughter in the house where the appellant was also residing, for about one month prior to the date of the incident. At the same time, it has come in evidence that her son Babban who was once residing with the appellant in his house, was thrown out of the house by the appellant for his interference in the dispute between the appellant and his wife. Therefore, it is highly improbable that the appellant would have permitted PW 4 to reside in his house while he was not willing to keep PW-4's son in his house. It is also highly improbable that PW-4 would have stayed with the appellant and deceased for about one month when her son who was working independently was residing at a nearby place in Panchkula itself. The conclusion of ours is further strengthened by the fact that the incident in question is supposed to have taken place at about 7 p.m. but according to evidence on record her statement was recorded only at 10 p.m. after her son had informed the police and this delay also contributes to our doubt as to the presence of PW 4 at the time of incident. 9. Our doubt as to PW 4's presence is further compounded by the fact th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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