ABHISHEK SHARMA Vs. STATE

JUDGEMENT

(1.) Having been convicted for the murder of Mandeep Kaur (hereinafter referred to as "the deceased") and given life imprisonment for the said offence under Section 302 of Indian Penal Code by the learned Additional Sessions Judge, Delhi vide his judgment dated 30th April, 2009, the appellant has come up to this Court and assails the aforesaid judgment and sentence by means of the present appeal.

(2.) The appellant and the deceased were colleagues and were working in M/s Sai Telecom, B-304, Ground Floor, Saraswati Vihar, Delhi. The appellant was Customer Care Executive whereas, the designation of the deceased was Team Leader/Operations Manager. Their working hours in the office were 3.30 p.m. to 12.00 mid night. On the fateful night i.e. in the intervening night of 20th - 21st September, 2007 the deceased was found in flames near Queen Marry School, Model Town. PCR Van rushed her to LNJP Hospital and thereafter shifted to Maharaja Agarsen Hospital. However, she could not survive and ultimately passed away on 3rd October, 2007.

(3.) The appellant was accused of her murder. The prosecution version in this behalf is that while working in M/s Sai Telecom both of them developed friendship. The appellant often used to drop her in his car at her residence after duty hours. On the fateful night, both of them had left their office at about 12.15-12.30 am in the car of the appellant. The appellant was allegedly extending threats to the deceased for the last few days as he suspected her to be in love with her company boss/employer whereas he wanted her to love him. On that night, the appellant did not drop her at her residence and took her near Queen Marry School, Model Town,-III, Delhi. After parking the car, the appellant got down and also made her to come out of the car. Thereafter, he brought out a bottle containing oil and poured oil on her body saying that she did not love him and instead was loving her boss. They quarreled with each other on this issue and in the process the appellant set her on fire. While she was in flames, a PCR van reached on the spot. The accused fled away. The PCR van rushed the deceased to LNJP Hospital. On the way to hospital, deceased told SI Anoop Singh (PW-16) that she was set ablaze by the appellant.