SUBHASH Vs. STATE

JUDGEMENT

(1.) The appellant, Subhash, by the impugned judgment dated 15 th November, 2011 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for the murder of Nirmala; under Sections 452 and 324 IPC for committing house trespass and simple injuries to Sarita, Nita and Aache Lal. By the order of sentence dated 15 th November, 2011, he has been sentenced to life imprisonment for the offence of murder and further sentenced to pay a fine of Rs.50,000/-, in default thereof to undergo simple imprisonment for a period of two years. For the offence under Section 324 IPC, he has been sentenced to rigorous imprisonment for a period of three years. For the offence under Section 452, he has been sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs.10,000/- and in default thereof to undergo simple imprisonment for a period of six months.

(2.) The prosecution?s case largely rests and is predicated upon the statements of the two sisters of the deceased (Nirmala), namely Urmila and Asha, who had appeared before the trial court as PW-1 and PW-2, respectively.

(3.) Urmila (PW-1) has stated that on 6 th February, 2005 she, her five sisters, and one brother had gone to sleep in the same room at about 10 P.M. At about 3 3.30 A.M., she was woken up by the cries of her sister Nirmala, who had been sleeping with their sister Sarita on a separate cot. On waking up, PW-1 saw that the electric bulb had been switched on? and that the door of their room was open. She saw the appellant (Subhash), who was described as their maternal uncle, standing beside the said cot holding a jug in his hand. She then saw him throwing the contents of the jug on Nirmala, after which he threw the jug on the floor and ran out through the back door of the room, bolting the door from outside. She averred that despite her effort to stop the appellant, he managed to run away. Nirmala and her other sisters, Sarita and Nita, suffered burn injuries caused by the contents of the jug. Her father, who was sleeping in the adjoining room, came into the said room on hearing their cries. He poured water on her sisters, and called the police, who reached their house within five minutes. PW-1 also stated that earlier that day, i.e. on 6 th February, 2005, at about 11 A.M., she had seen her sister Nirmala quarrelling with Subhash on the roof of their house. Nirmala was scolding the appellant, and the appellant was threatening her, saying that "he would see to her" if she would not agree to his terms. When PW-1 questioned Nirmala about the exchange, she replied that she was scolding the appellant because he had misbehaved with her. She further stated that on the said night Nirmala was first taken to Sanjay Gandhi Hospital, and thereafter shifted to JPN Hospital, where she succumbed to her burn injuries.