UMESH DUTT Vs. STATE (GOVT. OF NCT, DELHI)

JUDGEMENT

(1.) THE appeal is preferred against the impugned judgment dated 06.04.2009 in Sessions Case No. 150/2008 FIR No. 162/03 convicting the appellant on the charges under Section 302 IPC and Section 307 IPC and the consequent order on sentence dated 13.04.2009.

(2.) BRIEFLY stated, the case of the prosecution is that in the morning of 13.3.2003 at around 9.20 a.m., deceased Kavita and her daughter Nikita sustained fire burn injuries at their house in Village Pandwala Kalan, Delhi. At that time, they were alone in the house. The mother -in -law of the deceased Gyanwati (PW -4) who had gone to provide water to her buffalo returned home almost at the same time and she noticed the deceased lying in burnt condition in the courtyard. She tried to put off the fire by throwing water on her. In the meanwhile, Nagender(PW -1) husband of the deceased also reached there and on seeing his daughter Nikita aflame, he picked her up and dipped her in the water tank to put off the fire. Thereafter, he arranged for a maruti van and he along with his brother Dharmender(PW -5), Sanjay Kumar (PW -7), Gaurav @ Manu(PW -8) and one Love Kumar took the deceased and Nikita to Safdarjung Hospital.

(3.) IT is also the case of the prosecution that on 13.3.2003, Inspector Nirmal Kaur (PW -12) of CAW Cell, Nanak Pura, Delhi was on Women Help Line duty from 8.00 a.m. to 8.00 p.m. She, while on duty, received information about a quarrel involving a woman which is subject -matter of DD No. 17. On the receipt of said information, she made an enquiry from PCR van Zebra 98, which van had visited the spot of occurrence and learnt that the burnt woman had been removed to Safdarjung Hospital. Thus, she reached Safdarjung Hospital and met the deceased who had sustained burn injuries. The deceased, when asked, told her that she and her daughter were set on fire by one Umesh who had poured kerosene oil over them and set them ablaze. She also disclosed that aforesaid Umesh was a friend of her husband and he had a quarrel with her husband few days before the incident.