SUDERSHAN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) When the special leave to appeal was granted, this Court limited it to the question of the nature of the offence committed by the appellant (accused) in causing the death of one Maya Devi by pouring acid on her body.

(2.) The prosecution case was as follows. Maya Devi aged 19 years at the time of her death was the daughter of Raj Kumari (P. W. 1). Both the mother and daughter had taken to the profession of dancing and singing and used to live in an apartment on G. B. Road, Delhi. The accused had illicit connection with Maya Devi and he often used to go to the resident of the deceased. The accused wanted to marry Maya Devi but she declined as he was already married to another woman. A few days before the occurrence, the appellant took Maya Devi with him to his house and she stayed there for about 12 days. Thereafter Maya Devi was brought back by the accused to her mother's apartment. On that occasion also the accused asked Maya Devi to marry him but she refused. The accused then threatened Maya Devi that if she would not marry him, she should either leave Delhi or he would kill her in such a manner that she would have lingering death. On August 14, 1967, at about 6 A. M., Maya Devi was lying on her cot with her son aged about one month. Raj Kumari was lying on another cot in the same room. The accused came to the room holding a jug containing acid and a bottle. The accused the poured the acid out of the jug on Maya Devi, her son and Raj Kumari. They started crying and the accaused threw the jug on the cot and placed the bottle on the ground and ran away. Maya Devi was thereafter removed to the City Clinic, Asaf Ali Road, New Delhi a private hospital at about 6.30 A. M. Raj Kumari and the son of Maya Devi were also taken to the hospital. They were examined by Dr. V. K. Jain. He found that Maya Devi had extensive injuries on her person. The doctor found that there were a few streaks and patches of acid burns on the right arm and forearm of Raj Kumari. Acid burns were also found on the scalp of the child of Maya Devi.

(3.) After getting first aid from the City Clinic, Raj Kumari went to the Police Station Kamla Market and lodged the F. I. R. at 8.30 A. M. the Assistant Sub-Inspector Surjit Singh went to the city Clinic and found Maya Devi lying in a precarious condition. She was not in a position to give any statement. On August 16, 1967, the Assistant Sub-Inspector went to the clinic and with the permission of Dr. Jain recorded the statement of Maya Devi in which she stated that it was the accused who had thrown acid on her, her mother and her son on the 14th morning.