BALJEET VERMA Vs. STATE

JUDGEMENT

(1.) These appeals are directed against a judgment and order of the learned Additional Sessions Judge, Delhi dated 01.03.2011 in S.C. No. 101/2008; the appellants were convicted for the offences punishable under Sections 302/34 IPC and sentenced to undergo life imprisonment, and also directed to pay fine.

(2.) The prosecution alleged that on 09.09.2007, the accused Appellants, acting further to their common intention, poured kerosene oil on Ms. Anuradha, and set her on fire, resulting in her death, the next day, on 10.09.2007, at 06.30 AM. It was alleged that Anuradha was trying to get a grill fixed on the staircase of the house where she lived with her husband and small children; their premises were located on the first floor of 217, Madipur J.J. Colony, which belonged to her father-in-law. It was alleged that the Appellants, her mother-in-law, sisters-inlaw, mother-in-law's sister, and her husband, who used to have altercation with Anuradha and her husband, decided to kill her, and therefore, poured kerosene on her and set her afire. Anuradha was first taken to the Balaji Hospital, and later shifted to Safdarjung Hospital. The prosecution alleged that her mother, PW-1 had heard her narrating the incident, in which she had implicated the Appellants; it was also alleged that a dying declaration was recorded by the police, PW-18, after the attending doctor had declared her fit to make a statement. The husband, PW-2 had, according to the prosecution, also witnessed the dying declaration so recorded.

(3.) After conducting investigations, and filing the report, implicating the Appellants, the Trial Court charged them with committing the offences alleged. They denied role or any liability, and claimed trial. The prosecution examined 19 witnesses, besides producing several exhibits. After considering them, the Trial Court held the accused Appellants guilty, convicted them for the offences alleged against them, and sentenced them in the manner described previously in this judgment.