GULAM HUSSAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant Ms. Shabnam is the wife, appellant Gulam Hussain, is the father-in-law, appellant Roshan is the brother-in-law and appellant Shakil Ahmad is the co-brother of the deceased Islamuddin who died on 13-10-1989 of the burn injuries caused on his person by the appellants. Upon conclusion of the trial the Court of Additional Sessions Judge, Delhi convicted the appellants under Section 302, IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each. The appeals filed against the conviction and sentence were dismissed by the High Court of Delhi vide the judgments impugned in these appeals which have been preferred by the appellants from the jail.

(2.) We have heard Shri Jagdev Singh Manhas, amicus curaie appointed and Shri K. N. Shukla, Senior counsel who appeared for the respondents.

(3.) According to the prosecution FIR was registered on the basis of statement of the deceased which was recorded after he was admitted in LNJP Hospital. In the statement Islamuddin had stated that he was married to appellant Shabnam, daughter of Gulam Hussain about 5-6 months before the date of occurrence. When he came to Jhuggi No. 215, near Public Latrine, Sanjay Amar Colony, Boat Bridge, Yamuna Pushta about 7-8 days before the occurrence to take back Ms. Shabnam, a quarrel ensued between him and Shabnam because of her having brought with her gold and silver ornaments worth Rs. 5,000/-. As Shabnam was not sent along with him he slept for three nights in a tea shop which was situated on the corner of the house of his father-in-law and he was not allowed to live in Jhuggi with other members of Gulam Hussain. On 13-10-1989 at about 3.30 a.m. all the three male accused came on the spot where he was sleeping and woke him up. Shakil Ahmad caught hold of his both hands from behind. His father-in-law asked Shabnam to bring kerosene oil which she brought in a small container and handed over the same to her father who poured keresene oil on Islamuddin forcibly and Roshan thereafter set him ablaze. The neighbourers came there and tried to extinguish the fire while crying "Bachao-Bachao (save-save), he reached near the iron bridge where a policeman got him seated in a three wheeler scooter for being taken to the hospital. PW22 Balwan Singh is stated to have recorded his statement which was later on treated as his dying declaration.