NIRMAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Nirmal Singh (for short "the Appellant/accused") has preferred the present appeal, directed against the Judgment and order of sentence passed by the learned Additional Sessions Judge, Shahdara, dated 23.10.1999. The learned trial Court held the appellant guilty of the offences punishable under Sections 302 and 498-A Indian Penal Code. The appellant was sentenced to under go rigourous imprisonment for life and a fine of Rs.20,000/- for the offence punishable under Section 302 Indian Penal Code. In default of payment of fine, he was to under go further rigourous imprisonment for two years. For the offence punishable under Section 498A IPC, the appellant was sentenced to under go rigourous imprisonment for two years and a fine of Rs.5,000/-. In default of payment of fine, he was to undergo further rigourous imprisonment for six months. Both the substantive sentences were directed to run concurrently.

(2.) Shobha, wife of the appellant is the deceased. They were married in the year 1985. The learned trial court had acquitted Pritam Kaur, mother of the appellant while Rane, the sister of the appellant died during the pendency of the matter. The State has not preferred any appeal against the Judgment of the learned trial Court, acquitting Pritam Kaur.

(3.) The relevant facts of the prosecution case, cajoled from the record are that on 15.11.1985, deceased Shobha was admitted in Jai Prakash Narain Hospital with burn injuries. An information in this regard was conveyed to Police Station Gandhi Nagar and on basis of that, Daily Diary entry No.578 was recorded. It was marked to Sub Inspector S.K.Rathi. The said Sub Inspector, along with Constable Jai Prakash proceeded to Jai Prakash Narain Hospital. He obtained the medico legal report of the deceased, who at that time was declared fit to make the statement. SI S.K.Rathi had sent for the Sub Divisional Magistrate Lalman Sawma. The Sub Divisional Magistrate recorded the statement of the deceased in the hospital in presence of the doctor. In the said statement, Smt.Shobha had told the Sub Divisional Magistrate that she had been married to the appellant about six months back. On the said day at about 6.45 p.m., her mother-in-law Pritam Kaur had taunted her for not bringing sufficient dowry. Thereupon, kerosene was poured on her and she was set on fire by her mother-in-law, sister-in-law and Nirmal Singh, the appellant.