JAI DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) Shiv Kumar s/o Makhan Lal, Raj Kumar @ Kishore Kumar and Ms. Jai Devi w/o Navneet were challaned in Sessions case No.570/93 FIR No.120/93 Police Station Vivek Vihar. They were charged under Section 498A IPC and Section 302 IPC both read with Section 34 IPC for subjecting Ms.Archana w/o Shiv Kumar to cruelty and committing her murder on 18th April 93 at 11:00am at their House No.7/308A, Jwala Nagar, Pandav Road, Biswas Nagar, Delhi. On conclusion of trial, the learned Additional Sessions Judge vide impugned judgment dated 23rd May 1997 acquitted the accused Shiv Kumar and Raj Kumar @ Kishore on both counts. Appellant Jai Devi, however, was convicted on the charge under Section 302 IPC, and acquitted for the charge under Section 498A IPC. Feeling aggrieved of her conviction and sentence for the offence under Section 302 IPC, Ms. Jai Devi has preferred this appeal.

(2.) Briefly stated case of the prosecution is that on 18th April, 93 at around 11.20 am, Duty Officer, P.S. Vivek Vihar, on receipt of the information from ASI Banarsi Das on wireless that a lady has got burnt at House No.7/308, Patel Gali, Jwala Nagar, New Delhi, recorded DD No. 4A (Ex.PW15/A).

(3.) It is further the case of the prosecution that on 19th April 93 Shri B.P.Singh, Executive Magistrate (PW6) on the directions of the SDM Shahdara visited GTB Hospital at 12.00 in the afternoon for recording the dying declaration of the deceased. She was declared 'fit for the statement' by the doctor. So PW6 Shri B.P.Singh recorded the dying declaration Ex.PW6/A wherein she stated that on 18th April 93, her mother-in-law, quarrelled with her and gave her beating. Thereafter, she poured kerosene oil on her and set her on fire. She also stated that her younger devar (brother-in-law) wanted to have physical relations with her and her husband Shiv Kumar and brother-in-law Raj Kumar as also her mother-in-law used to taunt and harass her for bringing insufficient dowry. She stated that her mother-in-law, husband and brother-in-law were responsible for her burning. PW17 ASI Bachan Singh, Investigating Officer had earlier recorded the dying declaration Ex.PW17/A wherein she had stated that she was married about 3 years back and she never had any quarrel with her husband. She further stated that while she was putting kerosene oil in the stove for heating the water, by accident, the oil fell down which resulted in sudden fire. When she raised an alarm, the neighbours came there and put off the fire by putting a blanket on her. Her said statement is Ex.PW17/A (/Ex.PW14/DA). ASI Bachan Singh appended his endorsement Ex.PW5/A on the aforesaid dying declaration Ex.PW6/A and sent it to the police station for the registration of the case.