KANTA Vs. STATE

JUDGEMENT

(1.) The appellants in this case i.e. the mother-in-law Smt. Kanta; husband Vicky and brother-in-law (Devar) Bunty have challenged their conviction under Section 498-A/302/34 IPC by learned Addl. Sessions Judge, Delhi on 16.12.2010 and also the order on sentence dated 20.12.2010 sentencing them to life imprisonment as well as a fine of Rs. 5,000/- each, in default of which to undergo six months simple imprisonment for the offence punishable under Sec.302 IPC and also sentence of three years rigorous imprisonment and a fine of Rs. 3,000/- each for the offence punishable under Section 498-A IPC with benefit under Section 428 Cr.P.C.

(2.) Briefly stated the case of the prosecution is that on 4 th March, 2004 at about 3 PM, Police Station Mangol Puri was informed about admission of Seema, wife of Vicky in a burnt condition by one Sanju. The said information was recorded by the Police through DD No.38B and ASI Ram Diya was handed over the case for necessary action. He visited the DDU hospital, where the patient was found unfit for statement and was referred to RML Hospital.

(3.) Since it was a case of burn injuries (the patient had 96% burns) within 7 years of marriage, the SDM Punjabi Bagh was also informed about the admission of Seema in the hospital. He visited the hospital, but found that she was unfit for statement; thereafter so after leaving necessary instructions (i.e. to be informed as and when Seema was declared fit for statement), he left the hospital. The next day, i.e. on 5 th March, 2004 on getting information about Seema having been declared fit for statement, he visited the hospital and recorded her statement and made an endorsement thereon, on the basis of which the FIR bearing No.181/2004 under Sections 498-A/307 IPC was registered. After the death of Seema on 11.03.2004, Section 304B IPC was also added in the FIR.