MAYA Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) ON 19.12.2007, the deceased -Shilpi, daughter -in -law of the appellant, who was having severe burn injuries on her body, was brought to RML Hospital by her husband Madan Kumar. On receipt of information in this regard, ASI Khursid of Police Station Pahar Ganj reached the RML Hospital and on learning that Shilpi was married only married one and a half year, requested the Executive Magistrate to reach the hospital. He then went to the house number 9964, Multani Danda, Pahar Ganj, Delhi, where Shilpi had sustained burn injuries and after inspection of the spot and getting it photographed, came back to the hospital. The special Executive Magistrate, who reached the hospital on receipt of intimation from ASI Khurshid, recorded the statement of Shilpi. In her statement, she alleged that after 5 -6 months of her marriage, her mother -in -law Maya Devi started beating her so as to coerce her to bring more dowry and sometimes, on being instigated by her mother -in -law, her husband Madan Kumar also used to beat her. She further alleged that for last 2 -3 days, her mother -in -law had been quarreling for dowry and on that day at about 12.30 pm, she started quarreling with her and then took out kerosene oil from a bottle, poured on her and set her on fire. She, crying in pain, came down from stairs and ran towards the street where some people poured water on her and she was brought by her husband in auto rickshaw. The Investigating Officer also seized partly burnt bucket as well as its lid, a bottle of plastic containing some kerosene oil and one partly burnt match stick from the spot. The dupatta of Shilpi was found stuck on the lid of the bucket in burnt condition.

(2.) SHILPI expired on 25.12.2007, whereupon the case was converted from under Section 307/498A/34 of IPC to 302/498A/34 thereof. After completing investigation, the mother -in -law and the husband of Shilpi were charge -sheeted.

(3.) VIDE the impugned judgment dated 22.10.2009 and order on sentence dated 26.10.2009, the appellant Maya Devi was convicted under Section 304B of IPC and was sentenced to undergo imprisonment for ten years, whereas her son Madan Kumar, who was convicted only under Section 498A of IPC was sentenced to undergo imprisonment for three years and fine of Rs. 5,000/ -. Being aggrieved from her conviction awarded to her, the appellant Maya Devi is before this court by way of this appeal.