ANAND SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Shruti Sharma (hereinafter referred to as the "Deceased") suffered burn injuries past midnight (around 2:30 in the middle of the night) on the intervening night of August 02, 2006 and August 03, 2006, or to put it differently at 02:30 hours on August 03, 2006. There could be only three alternatives for the deceased suffering burn injuries : (i) suicide; (ii) accidental fire; and (iii) being set on fire. The plea of suicide by the deceased has not been advanced either by the prosecution or by the defence. In this view of the matter, the core question which needs determination in the present appeal is : whether the deceased suffered accidental burn injuries as pleaded by the defence or whether the deceased was set on fire as pleaded by the prosecution.

(2.) Criminal law was set into motion when at around 02:57 hours on August 03, 2006 appellant Anand Sharma made a call to the Police Control Room informing that his wife has suffered burn injuries at their matrimonial House No.47, Bhagwan Park, Main Road Jharoda. The aforesaid information was flashed to Police Station Timar Pur where Ct.Jitender recorded DD No.3A, Ex.PW-21/A, noting the aforesaid information.

(3.) PCR Van S-67 present near the house also picked up the wireless message flashed and proceeded to the house, where HC Kailash Yadav PW-16, in-charge of the PCR Van found the deceased in a burnt condition and thus removed the deceased to LNJP Hospital. On the way to the hospital, HC Kailash Yadav PW-16, made an entry at point DX in the log book register, Ex.PW-16/A of the PCR van as under:-