MANJU Vs. MUSTAFA MASTAN

JUDGEMENT

(1.) PRESENT revision petition under Section 401 of the Code of Criminal Procedure (Cr.P.C.) has been filed by the complainant/injured (PW1) against the judgment dated 4th August, 2003, passed by the Additional Sessions Judge (Trial Court) whereby respondent nos. 1 and 2 (hereinafter referred to as "private respondents") have been acquitted of the charge under Section 307/34 IPC.

(2.) FACTUAL matrix of the case as unfolded is that FIR No. 387/2000 under Section 307/34 IPC was registered at Police Station Uttam Nagar on the basis of statement of petitioner, wherein she stated that on 29th May, 2000 at about 9 pm there was electricity failure in the colony where she had been residing with her family. Her husband had gone to the chowk where transformer was installed to make enquiry about the reasons of electricity failure. After some time she heard noises of quarrel. Accordingly, she went towards the chowk with a kerosene oil lamp in her hand. On reaching there she noticed private respondents quarreling with her husband. When she intervened, respondent no. 1 got enraged and snatched kerosene oil lamp from her and threw it on her head. He also poured kerosene oil on her as a result whereof her clothes caught fire and she sustained burn injuries. Thereafter, respondent no. 1 ran away from the spot. Her husband doused the fire and removed her to hospital.

(3.) AFTER prosecution closed its evidence statements under Section 313 Cr.P.C. of the private respondent were recorded separately wherein entire incriminating material, which had come on record, was put to them. Respondents denied their participation in the crime. They claimed themselves to be innocent. According to them, they had been falsely implicated due to political rivalry. They also produced Kishan Angad and Babloo in their defense, whose statements were recorded as DW1 and DW2. Both these witnesses claimed that they were present at the spot at the time of incident being residents of same area. These witnesses deposed that Raj Kumar was trying to hook a wire on the phase which was working while petitioner was standing beside him with a lamp. Raj Kumar received electric shock and fell over his wife. Petitioner lost balance and lamp fell over her resulting burn injuries to her. Besides them one J.C. Vashishtha, Record Clerk from DDU hospital was also examined as DW3, who has proved the MLC of the petitioner as Ex. DW3/A. Petitioner was initially taken to DDU Hospital and from there she was removed to Safdarjung Hospital where she was treated by PW8 Dr. Anju Bala Dey. In DDU Hospital she did not name the private respondents.