DHARAMBIR Vs. STATE

JUDGEMENT

(1.) The Appellants Dharambir, Raghubir Singh and Satbir @ Sattey (the Appellant Ratti Kaur has expired and the proceedings against her have abated) stand convicted by the judgment and order dated 24.03.1998 and 27.03.1998 passed by learned Addl. Sessions Judge, Delhi, ("the impugned judgment") for offences punishable under Section 498A and Section 302 Indian Penal Code (IPC) read with Section 34 IPC. They were sentenced to undergo life imprisonment for the offence under Section 302 IPC and a rigorous imprisonment for 2 years for the offence under Section 498A IPC. Apart from this sentence, fines were also imposed.

(2.) First, the facts. Seema (the deceased) was married to Appellant Dharambir about a year and half prior to 30.08.1991. On the night of 30.08.1991 she sustained burn injuries and was removed to Safdarjung Hospital by PW-1 Kishan Kapoor (her immediate neighbour) and PW-2 Mahavir Singh (her brother-in-law) who used to reside in her neighbourhood. Ratti Kaur (now deceased) was Seema's mother-in-law; the Appellant Dharambir is the husband whereas Appellants Raghubir Singh and Satbir @ Sattey are her Brothers-in-law.

(3.) According to the prosecution version on 30.08.1991 Seema crossed over to the roof of PW-1 Kishan Kapoor's house, after sustaining burn injuries. On noticing Seema in this condition PW-1, called PW-2 Mahavir Singh (her brother-in-law) who was living just one house away from his house. On seeing Seema in that condition PW2 wrapped a Chadar around Seema. Since, the width of the lane where they resided was very narrow, Seema was put on a cot and was first taken to the Police Station Mehrauli, and then she was removed to Safdarjung Hospital in a PCR van.