ASHRAFI DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29.08.1997 delivered by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No. 225/1996 arising out of FIR No. 93/1984 registered at police station Seelampur under Section 302 IPC. The appeal is also directed against the order on sentence dated 30.08.1997. By virtue of the impugned judgment, the appellant Ashrafi Devi has been found guilty of having committed the offence punishable under Section 302 IPC by causing the death of her daughter-in-law Smt. Dev Wati (who was married to her son Babu Ram) on 30.03.1984. By virtue of the impugned order on sentence, the appellant was sentenced to undergo imprisonment for life and was also fined a sum of ` 1000 and, in default thereof, she was to further undergo rigorous imprisonment for six months.

(2.) THE charge against the appellant was that on 30.03.1984 at about 6 a.m., she caused the death of her daughter-in-law Smt. Dev Wati by setting her clothes on fire after pouring kerosene oil on her, in her house No.C-18/1, Chauhan Bangar, Seelampur, Shahdara, Delhi and thereby committed an offence punishable under Section 302 IPC. THE appellant pleaded not guilty and consequently the case was put up for trial.

(3.) THE learned counsel for the appellant drew our attention to an endorsement indicating that the patient was unfit for statement and that the endorsement was made at 7.45 a.m. on 30.03.1984 by one Dr. Y.L. Narayana. THEre is another endorsement below that which indicates that the patient is fit for giving statement and the same has been made by one Dr. G.S. Janardhan. He submitted that there is no time or date mentioned in the second endorsement. Furthermore, the said endorsement has not been proved inasmuch as neither the doctor (Dr. G.S. Janardhan) had been produced as a witness nor has his signature been proved by anybody else.