NARESH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 03.11.2003 in Sessions Case No. 9/08 FIR No. 175/03 P.S. Sangam Vihar convicting the appellant for the offences punishable under Section 302 IPC and Section 498A IPC and the consequent order on sentence.

(2.) Briefly stated, case of the prosecution is that Sonia (deceased) was married to the appellant about a year and a half prior to the occurrence. She got a payment of Rs. 20,000/- from her earlier husband in the divorce proceedings. On 08.04.2003, the appellant demanded money from the deceased and when she declined to pay, the appellant got enraged and he set the deceased on fire after pouring kerosene oil over her in DDA Flat No. 243, Tigri, Khanpur. It is also the case of prosecution that shortly after the marriage, the appellant had been harassing and ill-treating the deceased.

(3.) The learned Additional Sessions Judge, on conclusion of the evidence on behalf of the State as well as the appellant and after hearing the parties, found the appellant guilty for murder of the deceased and also for treating her with cruelty within the meaning of Section 498A IPC and accordingly convicted the appellant under Section 302 IPC as also under Section 498A IPC. The conviction of the appellant under Section 302 IPC is based upon the purported dying declaration of the deceased recorded by the SDM. There is no eye witness to the occurrence.