DEEPAK Vs. STATE (NCT DELHI)

JUDGEMENT

(1.) DEEPAK assails the judgment dated August 02, 2014 convicting him for the offence of murder of his wife Rekha on August 12, 2011 by pouring kerosene oil and setting her on fire after lighting a matchstick and the order on sentence dated August 12, 2014 whereby he has been directed to undergo imprisonment for life and to pay a fine of Rs.20,000/ - and in default of payment of fine to undergo further imprisonment for one month. Deepak is also convicted for the offence punishable under Section 498A IPC and has been directed to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.20,000/ - and in default of payment of fine to further undergo imprisonment for one month for said offence.

(2.) LEARNED counsel for the appellant contends that the present is a case of suicide. There was no harassment caused to the deceased. The parents of the deceased in their testimonies do not allege any kind of harassment towards the deceased either for demand of dowry or otherwise. The neighbour Krishna PW -4 who met the deceased immediately after the incident also deposed that the deceased burnt herself. The deceased survived for 40 days however, no investigation was carried out. The mother of the deceased categorically deposed that the deceased had told her that she had set herself on fire and that she had given statement to the Magistrate out of sheer anger that her husband had set her on fire though she had set herself on fire.

(3.) NO defence evidence has been led by Deepak and his explanation under Section 313 Cr.P.C. is: "My wife was short tempered and used to have hyper tension and because of this reason she committed suicide by herself by pouring kerosene on her. I was told about my wife setting herself on fire by my daughter Sakshi who was three years old at the time of incident and as on date she is living with my in -laws at Bhiwani Rohilla, Hissar. I took my wife to the hospital after she set herself on fire. Parents of my wife Rekha took her to Soni Hospital, Hissar where all the medical expenses were borne (incurred) by my father. I have been falsely implicated in the present case."