BISNO Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) These appeals are directed against the judgment and the order on sentence in Sessions Case No.37/04 FIR No.163/95 P.S. Mangol Puri respectively dated 10.12.2004 and 15.12.2004 whereby the appellants have been convicted and sentenced for the offences punishable under Sections 498A and 304B IPC read with Section 34 IPC. Appellants, for the offence under Section 304B IPC have been sentenced to undergo RI for the period seven years, besides fine of '1,000/-, in default to undergo SI for the period of 30 days and for the offence under Section 498A to undergo RI for the period of one year, besides fine of '500/-, in default to undergo SI for the period of 15 days.

(2.) Briefly stated, case of the prosecution is that appellant Manoj was married to Sunita @ Sonu (hereinafter referred to as "deceased") on 22.12.1991. After the marriage, the deceased Sunita started living with her husband and in-laws, namely, her father-in-law Mohinder Singh(since expired), mother-in-law Bisno and brother-in-law Sanjay at S-721, Mangol Puri, Delhi. The appellants were not happy with the deceased for bringing insufficient dowry and for that reason, they used to taunt her and subject her to harassment and cruelty. They even raised demand for fridge and cooler and threatened to kill her due to non-fulfilment of their demand. On 14.03.1995 at about 8:30-9:00 am, the appellants allegedly quarrelled with the deceased in her matrimonial home on account of non-fulfilment of their demand for dowry and compelled her to set herself on fire. Under the pressure of the appellants, the deceased, after pouring kerosene oil on herself alighted herself and sustained burn injuries. She was removed to DDU Hospital at about 10:00 am, where her MLC was prepared. After the medical examination, she was referred to RML Hospital, where she ultimately breathed her last on 17.03.1995.

(3.) On 14.03.1995 at about 9:35 am, wireless operation, P.S. Mangol Puri informed the duty officer that Constable Ganesh of PCR has conveyed an information that one lady has died due to burn injuries at S-721, Mangol Puri near bus stand. This information was recorded as DD No.14A(Ex.PW6/A) and copy thereof was sent to ASI Om Prakash for verification. On the receipt of DD report, ASI Om Prakash along with Constable Umed Singh reached at House No.721, Mangol Puri. He found one blue colour plastic can lying in the front room of the side of the house, which was smelling of kerosene. There was kerosene oil on the floor and some burnt clothes were lying there. No eye witness was available at the spot and on inquiry, ASI Om Prakash found that the injured lady has been taken to some unknown hospital. In the meanwhile, information regarding the admission of the deceased in burnt condition at DDU Hospital was received at the Police Station vide DD No.15A, which was also referred to ASI Om Prakash. On the receipt of said DD report, ASI Om Prakash reached at DDU Hospital and collected the MLC of injured Sunita. She was declared fit for statement by the Doctor. ASI Om Prakash recorded her statement Ex.PW6/C, wherein she stated that she was married to the appellant Manoj on 22.12.1991 and she had a son aged three years. She also stated that her mother was residing as a tenant in a house at Sultan Puri. Her husband Manoj, mother-in-law and father-in-law used to say that her mother was bad woman and they used to taunt her that she has not brought anything in her dowry and they also used to make demand for fridge and cooler from her. She further stated that on the previous night, her husband quarrelled with her and threatened to kill her and he did not allow her to leave the house. She claimed that on the fateful morning of 14.03.1995 at about 9:30-10:00 am when her mother-in-law and father-in-law had left for duty, her husband started quarrelling with her and he threatened to kill her by setting her on fire. On this, she poured kerosene oil on her and set herself on fire. Her husband Manoj did not try to put off the fire and kept on abusing her. She further claimed that she had set herself on fire because of harassment at the hands of her husband Manoj, mother-in-law Bisno and father-in-law Mohinder.