LAWS(DLH)-2010-1-268

SHISH PAL Vs. STATE

Decided On January 25, 2010
SHISH PAL Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional Sessions Judge dated 6th February, 1997 in Sessions Case No. 29/1996, FIR No. 19/1994, Police Station Dabri, holding the appellant guilty of the offence of murder of Ms. Malka punishable under Section 302 of the Indian Penal Code and also the consequent order on sentence dated 7th February, 1997 vide which the appellant was sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.1000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months with benefit of Section 428 of the Code of Criminal Procedure.

(2.) Briefly stated, case of the prosecution is that Ms. Malka (hereinafter called 'the deceased') was married to the appellant and they were living at WZ-810A, Near Shiv Temple, Palam Colony, New Delhi. It is alleged that on the evening of 9th January, 1994 at about 7.00 p.m at the above referred house, the appellant and the co-accused Raj Kumari (could not be arrested during investigation), in furtherance of their common intention committed murder of the deceased by pouring kerosene over her and setting her ablaze.

(3.) The information about the said incident was conveyed to Police Station Palam Colony vide DD No.35 (Ex.PW8/A). We may note that in the said DD report it was mentioned that someone had informed that a tenant of house no.WZ-810A, near Shiv Mandir of Village Palam has set herself afire after pouring kerosene on her person and her condition was quite serious. A copy of the DD report was handed over to the ASI V.P. Singh (PW8) for verification and he left for the spot of occurrence along with constable Bhoop Singh, where he found that the injured Ms. Malka had been removed to the hospital by her husband. On this, he contacted police post Palam Colony. By that time the injured had already been admitted in Safdarjung Hospital and an intimation in that regard was conveyed to the police post Palam Colony by the duty constable posted at Safdarjung Hospital, which information was recorded as DD NO.41 (Ex.PW14/A). SI Ved Singh instructed PW8 to stay at the spot of incident and told that he was going to the hospital.