DINESH KUMAR @ DINESH Vs. STATE

JUDGEMENT

(1.) APPELLANT Dinesh Kumar @ Dinesh impugns the judgment and order on sentence dated 30.07.1999 arising out of FIR No. 117/ 1996, Police Station Vivek Vihar (Sessions Case No. 191/ 1996) whereby he was convicted for the offence punishable under Sections 354 and 302 of the Indian Penal Code, 1860 (IPC for short). He stands sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/ - for the offence punishable under Section 302 IPC and in default of payment of fine, to undergo simple imprisonment for one month. He also stands sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 5,000/ - for the offence punishable under Section 354 IPC or in default of payment of fine, to undergo simple imprisonment for one month.

(2.) ON 19.04.1996 at about 10:05 a.m., Lady Constable Neelam (PW -6) of PCR passed on information to Police Post Anaj Mandi, PS Vivek Vihar that a boy has set a girl, aged about 15 years, on fire. On the basis of the information, Constable Mukesh (PW -23) recorded DD No. 9 and handed over the same to SI Brijesh Kumar (PW -26) for necessary action. SI Brijesh (PW -26) reached the spot, i.e., House No. 232, near Railway Line, Balmiki Basti, Bhola Nath Nagar where he was informed that the injured (Ms. Nirmala @ Nimmo) had already been removed to the hospital. Baboo (PW -1), deceased's Nirmala @ Nimmo's brother was available at the spot. SI Brijesh Kumar proceeded to record his statement Ex. PW -1/A, made an endorsement Ex. PW -8/A thereon and transmitted it to the PS for registration of a case under Section 354/307 IPC.

(3.) THE prosecution examined Baboo as PW -1. He testified that on 16.04.1996, his parents and his grandmother went on a pilgrimage to Vaishno Devi. They returned on the morning of 19.04.1996. They were tired due to the journey and therefore, they went upstairs to the chappar to sleep. He himself also went to sleep on the cot lying in the room (on the ground floor) and his sister Nirmala @ Nimmo was fasting on that day as she used to worship Santoshi Mata and kept fast on every Friday. While her sister was worshiping in the room, he was just adjacent to her. At about 09:30 a.m., when he heard his sister crying bachao -bachao he woke up and saw the appellant (their neighbour) and his sister grappling. The appellant was hugging and clinging to his sister with bad intention. His sister was protesting vehemently. He testified that he hardly stood up from his cot when the appellant picked up a plastic can (containing kerosene oil) lying in a corner of the room and poured it upon his sister. He then lighted a match stick and put his sister on fire. The appellant thereafter ran away. He deposed that he tried to apprehend him (the appellant) but he pushed him and made good his escape. PW -1 shouted and woke up his parents. They came down. His father put a quilt upon his burning sister and extinguished the fire. After sometime, ambulance came and his father and uncle took his sister to the hospital.