STATE Vs. JITENDER KUMAR @ PAPPU

JUDGEMENT

(1.) This is an appeal against the judgment dated 14.12.2008 passed by Ld. Addl. Sessions Judge, Delhi whereby the respondent Jitender Kumar was acquitted of the offence punishable under Sec.302 IPC. The leave to appeal was granted to the State on 19.08.2011.

(2.) In brief, the prosecution's case is that on 20.12.2000, case FIR No.1034/2000 was registered on the basis of statement made by Smt. Sujata (deceased), wife of the respondent to the effect that she was married to the respondent on 19.11.1981 and had two sons. The respondent was a drunkard and was in the habit of quarreling and beating her after consuming liquor. On the date of occurrence i.e. on 20.12.2000 also her husband in a drunken state, started beating her and when she tried to pacify her husband, he poured kerosene oil on her, uttering the words 'Aaj Teri Jubaan Hi Hamesha Ke Liye Band Kar Deta Hoon'. Then he lit the matchstick and set her on fire

(3.) Sujata was brought to DDU Hospital at 5.30 pm by none other than the respondent himself with 85-90% superficial and deep burn injuries on her body. The police was informed. SI Kehar Singh reached the hospital and without seeking any opinion about her fitness, recorded her detailed statement Ex.PW22/A, made endorsement Ex. PW22/B thereon and sent the rukka at 6.40 pm for registration of the case under Sec.307 IPC.