VINAY KUMAR ALIAS SHAYAM LAL Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 125/1993 is directed against the judgment and order of the learned Additional Sessions Judge, Delhi in Sessions Case No. 32 / 1989 whereby the learned Additional Sessions Judge vide his order dated 28.8.1993 held the appellant guilty under Section 306, Indian Penal Code and further by order dated 30.8.1993 sentenced the appellant to undergo rigorous imprisonment for eight years with fine of Rs. 5,000/- and in default of payment of fine to undergo further simple imprisonment for nine months.

(2.) Brief facts of the case are that Indu Narang wife of the appellant was married to him on 19.8.1980 and is alleged to have committed suicide on 5.10.1983 at about 11.30 p.m. at house No. J-8, Ganga Ram Vatika, Jeevani Block.

(3.) It is the case of the prosecution that the incident of fire was deliberate and not accidental and that. the same was abated by Shyam Lal, the appellant herein. The prosecution, in order to prove the case examined as many as 22 witnesses. Of them Public Witness 17 states that he is the neighbour of the accused. Upon hearing screams he came to the house of the accused and found him standing outside the door of the room where Indu was sitting in an injured condition. He submits that the appellant prevented him from going inside the room but told him that only women should go inside implying that the accused was obstructing any aid to be given to Indu. This witness deposes to the effect that he extinguished the fire with his hands and removed Indu in a taxi to the hospital. He also deposes to the effect that Indu was not treated well and on one occasion was given a kick in her stomach by the accused. Surprisingly, this witness, who claims to have extinguished the fire with his hands, does not receive any burns nor is there anything on record to show that either his cloths or any other apparel was subjected to heat.