SUBHASH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant Subhash stands convicted, under Section 302 of the Indian Penal Code, 1860 (IPC), for having committed murder of his wife Shashi Sharma, in Sessions Case No. 80/2010, arising out of FIR No. 561/2005, Police Station Sultan Puri. He has been sentenced to life imprisonment and fine of Rs.10,000.00. In default of payment of fine, he has to undergo rigorous imprisonment for three months.

(2.) IT is undisputed that Shashi Sharma, wife of the appellant, was admitted to Safdarjung Hospital with burn injuries, on 9th April, 2005. Her MLC (Ex. PW14/A), recorded on 9th April, 2005, at 03.10 A.M, mentions that she was brought to the hospital by her mother Kiran. She expired on 9th April, 2005 at 15.00 Hrs. As per Post Mortem Report (Ex. PW23/A), cause of death was shock, caused by ante -mortem thermal burn injuries. The percentage of burn injuries, on the body, was 95% and she had epidermal to dermoepidermal burns, all over the body, except on parts of the scalp and pelvis. Dr. Alaxender (PW -23), Sr. Special and Head of Department of Forensic Medicine, Safdarjung Hospital, who had conducted the post mortem on deceased's body, proved that the post mortem opinion (Ex. PW23/A) was written and signed by him. He opined, before the court, that 95% burn injuries cannot be caused by the accident mentioned, in the alleged history, given in the MLC ï ¿ 1/2 Ex. PW14/A. For the sake of convenience we are reproducing the said portion of the MLC below: -

(3.) STATEMENT of PW -23, in the court, and his written opinion remain uncontested. He was not subjected to any cross -examination. However, this is not the sole ground to hold that, the present case, is not one of accidental burns but rather a case where the appellant, deliberately and intentionally, caused burn injuries by throwing kerosene on his wife Shashi Sharma. It has been proved beyond doubt, that the cause of death, as recorded in the aforesaid statement ( MLC Ex. PW14/A) is incorrect and untrue.