NITIN KUMAR ARORA Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure and is directed against the judgment dated 31.10.2009 and order on sentence dated 7.11.2009 passed by Additional Sessions Judge, Delhi, whereby the appellant has been convicted to undergo rigorous imprisonment for life for the offence punishable under Section 302 IPC, fine of Rs.50,000/- and in default thereof further rigorous imprisonment for two years. A further direction has also been issued that life imprisonment in this case would be complete life imprisonment without any commutation on account of conduct of the convict by the State Government.

(2.) THE version of the prosecution, as noticed by the trial court, is that: 1. Accused Nitin Kumar Arora, Sunita, Sapna, Rekha and Poonam were charge-sheeted by the police of PS: Gokalpuri, Delhi for offence punishable U/s 302/307/506/498-A/34 IPC and Section 3 and 4 of the Dowry Prohibition Act on the allegations that on 20.11.06 DD No.9-A and 10-A were recorded at the police station. DD No.10-A was entrusted to S.I Prakash Roy and DD No.9-A was entrusted to ASI Rajmal regarding that at B-15 Ganga Vihar, Delhi at Deepak Photo Studio, one boy had put acid on one girl. ASI Rajmal reached at the spot and came to know that the injured has been removed to the GTB Hospital. ASI Rajmal alongwith Constable reached at GTB Hospital where the MLC of Smt.Manju Saxena was obtained. Smt.Manju Saxena was declared fit for the statement and she was having burn injuries. The MLC of Khushi (deceased) was also obtained. She was declared unfit for making the statement. She was also having burn injuries with history of acid burn. ASI Rajmal informed the SHO and the Executive Magistrate. The Executive Magistrate came at the spot, inspected the spot and recorded the statements of Smt. Manju Saxena and Smt. Usha Rani i.e. the mother of the deceased. The mother of the deceased Smt. Usha stated that her daughter Khushi was married to accused Nitin Kumar Arora on 31.05.2005 according to Hindu Rites & Ceremonies. After 10-15 days of her marriage, her husband Nitin Kumar Arora, her mother-in-law Sunita and her sister-in-law Sapna were giving beatings to her and were demanding dowry from her. On account of the torture given to her daughter Khushi, she had brought her daughter to her house three months prior to the incident and her daughter was working in the cosmetic shop of Smt.Manju Saxena for ten days and on 20.11.06, she received a phone call from Manju Saxena that husband of Khushi had poured acid on Khushi and he had fled away. She reached at the spot and came to know that Khushi had removed to the GTB Hospital. She also reached at GTB Hospital and found that her daughter Khushi was getting treatment. On this statement, the Executive Magistrate, Seelampur directed the concerned SHO to take appropriate action. On the basis of the same, the FIR U/s 307/498-A IPC and Section 3 and 4 of Dowry Prohibition Act was registered and investigation was handed over to S.I Prakash Roy. Prakash Roy reached alongwith Lady Constable Leela and Constable Lalit Kumar at the spot. ASI Rajmal told S.I Prakash Roy that he has got Crime Team Inspection and photographs of the spot done. S.I Prakash Roy prepared the site plan and seized the clothes from the spot. Smt. Sunita i.e. the mother-in-law of the deceased was arrested at the instance of Smt. Usha i.e. the mother of the deceased. The other accused persons could not be arrested. On 23.11.06, accused Nitin Kumar Arora surrendered in the Karkardooma Court and he was formally arrested. He was taken into the police custody and his one day police custody remand was given by the Ld. Metropolitan Magistrate. Accused Nitin got recovered one steel jug from his house which was used in pouring acid. On 30.11.06, S.I informed Sh.A.K. Pasi, the Executive Magistrate and got the statement of Smt. Khushi (deceased) recorded who also disclosed regarding the dowry harassment and that she was burnt by pouring acid on her by her husband on 20.11.06. On 17.12.06, Smt. Khushi died in the hospital. Her postmortem was got conducted by Executive Magistrate and the cause of death was given as septicemic shock due to antemortem chemical burn injuries involving 40% of total body area. Thereafter, the offence was converted to Section 302 IPC and the investigation of the case was entrusted to Inspector B.S. Khushwah who deposited the exhibits in the FSL through the Constable. On 13.01.07, accused Poonam, Rekha and Sapna were granted anticipatory bail. 2. After supplying the copies to the accused persons, the case was committed to the court of sessions vide order dated 21/03/07.

(3.) IT is contended by counsel for the appellant that the evidence placed on record is grossly insufficient to connect the appellant with the crime. It is further contended that the intention of the appellant was to cause voluntary grievous injury, which is punishable under Section 325 IPC and the appellant had no intention to cause death of Khushi (hereinafter referred to as the deceased). Counsel next contends that there was no independent witness to the incident and the prosecution relied upon interested witnesses, who have deposed against the appellant. It is also contended that the trial court has wrongly accepted the version of the prosecution. Mr.Verma further submits that PW-2, Smt.Manju Saxena, on whose evidence strong reliance has been placed by the prosecution, was not an eye-witness and the appellant has been incorrectly named by her.