SUNITA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a Criminal Appeal under Section 372 of Code of Criminal Procedure filed by the Appellant /complainant against the judgment dated 15.04.2010 passed by the Court of Ms. Mamta Tayal, learned Additional Sessions Judge, South West District, Dwarka in respect of FIR No. 439/05 registered by PS Dabri, under Section 307/498A/324/406/34 IPC, acquitting both the accused of the said offence.

(2.) Briefly stated, the facts of the prosecution case, are that on 10.06.2005 at about 9 PM, when the Appellant/complainant Sunita was cleaning her room, suddenly her husband and her mother-in-law, who are the accused persons, came there and assaulted her physically. Accused Devender poured kerosene oil on her while accused Maan Kumari threw burning match stick on her. The match stick is alleged to have landed on her dupatta which she immediately threw on the floor. As aconsequence of this, the dupatta got burnt. The accused persons ran away from the spot. It is alleged that, in the meantime, the brother of the Appellant who had gone to get some food, came back and poured water on her which saved her life.PC Rwas informed about the incident by the complainant and her brother. The local police came to the spot but the complainant refused to make any statement as shewanted to wait for her father to come. The Appellant/complainant was sent to DDU Hospital for medical examination and on the next day after the arrival of her father, she made a statement to the Police on the basis of which the aforesaid FI Rwas recorded.

(3.) The matter was investigated and a charge sheet under Section 307/324/34 IP Cwas filed. The charges were framed against both the accused persons. The prosecution in support of its case examined nine witnesses. The prominent among them being the Appellant as PW-1 and her brother Virender as PW2. Rest of the witnesses were formal in nature and were mostly police officials, apart from the Medical Officer, who conducted the medical examination. PW-3 is Constable Hari Singh. PW-4 is Doctor Rosh an Singh Patel, who was a Junior resident at DDU Hospital at the relevant point of time. He had examined the Appellant vide MLC(Ex.PW-4/A). PW-5 is ASI Sri Niwas, the Duty Officer who recorded the FIR (Ex.PW-5/A). PW-6 is HC Par minder Kumar in whose presence, accused Devender was arrested.PW-7 is Shiv Singh, uncle of the complainant, Sunita. PW-8 is ASI Satyawan, the first Investigating Officer. PW-9 is ASI Maharaj Singh, the final Investigating Officer.