PAWAN KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By these appeals, the appellants challenge the common impugned judgment of the learned Trial Court dtd. 22/10/2018 whereby the appellants were convicted for cruelty and murder of one Jyoti (deceased); and also the order on sentence dtd. 25/10/2018 whereby all the three appellants were directed to undergo imprisonment for life along with fine of Rs.2.00 lakhs each in default whereof simple imprisonment for six months for offence punishable under Ss. 302/34 of the Indian Penal Code, 1860 (IPC) and were also directed to undergo simple imprisonment for three years along with fine of Rs.1.00 lakh each in default whereof simple imprisonment for four months of offence punishable under Sec. 498A/34 IPC. The appellants were acquitted for offence punishable under Sec. 306/34 IPC and no leave to appeal has been sought by the State challenging the said acquittal.

(2.) Brief facts of the prosecution case are that the deceased was the wife of appellant Pawan Kumar who married each other on 21/2/2003. Appellant Sushila and Pritam @ Sonu are the step mother and brother of appellant Pawan Kumar. Out of this wedlock, one daughter S (PW-15) and one son Harsh were born. It was the case of the prosecution that repeated demands of money were made by the appellants from father of deceased Ram Kishan (PW-4). Five days before the incident, appellant Pawan Kumar and Sushila demanded Rs.90,000.00 from Ram Kishan and on 12/4/2010, Ram Kishan (PW-4) was able to give only Rs.15,000.00 with difficulty. On the morning of 14/4/2010 at about 6.30 AM, Ram Kishan received a call from Pawan Kumars chachi that the deceased was admitted at Safdarjung Hospital in burnt condition on which he along with his wife Parmeshwari (PW-8) rushed to the hospital where he was informed that the deceased had suffered 92-93% burns after which, Ram Kishan made a call to the police at number 100. On receipt of information, SI Joginder Singh (PW-20) reached Safdarjung Hospital where the deceased was declared unfit for statement. After recording the statement of Ram Kishan, he prepared the rukka (Ex.PW-4/A and 20/A) on which FIR No.110/2010 dtd. 14/4/2010 under Ss. 498A/306 IPC was registered at PS Sarita Vihar (Ex.PW-1/A). At about 12.30 PM the deceased died, and after the post-mortem examination, the body was handed over to Ram Kishan.

(3.) Dr.Sumit Tellewar conducted the post-mortem examination on the body of the deceased on 15/4/2010 and vide the report (Ex.PW-19/A) opined: