ZULFIKAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal under Sec. 374 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred on behalf of the appellant challenging judgment dtd. 19/2/2021 and order on sentence dtd. 22/2/2021 passed by learned ASJ-03, North-East, Karkardooma Courts, Delhi, whereby the appellant has been sentenced to undergo rigorous imprisonment (RI) for five years and fine of Rs.2,000.00 for offence punishable under Sec. 306 IPC (in default of payment of fine, to undergo SI for 15 days) with benefit of Sec. 428 Cr.P.C.

(2.) In brief, as per the case of prosecution, on receipt of DD No.36B on 25/10/2013, SI Rizwan along with Constable Rakesh reached at MCD Primary School, D-Block, Seelampur, Delhi, wherein it was revealed that a lady had set herself on fire and had been shifted to Lok Nayak Jai Prakash (LNJP) Hospital by the PCR van. After leaving Constable Rakesh at the spot, SI Rizwan proceeded to LNJP Hospital, wherein injured Ezaz Fatima refused to give her statement. On reaching back at the spot, SI Rizwan met an eye-witness Iftekhar Ali (PW-18), who alleged that Ezaz Fatima along with her son Zulfikar @ Bobby (appellant) had come to the school premises, wherein she set herself on fire in the compound/playground of the school, after taking out a plastic bottle and pouring the contents upon her. The appellant is alleged to have handed over her a lighter. He further alleged that in view of hue and cry, teachers and other staff members assembled at the spot and someone dialed number 100. Accordingly, on statement of Iftekhar Ali (PW-18), FIR No.476/2013 was registered initially under Sec. 309/114/120B IPC. During the course of investigation, Ezaz Fatima expired on 5/11/2013 and postmortem of the body of deceased was got conducted wherein the cause of death was opined as 'septicemia consequent upon infected burn injuries'. Sec. 306 IPC was thereafter invoked after completion of investigation and chargesheet was filed under Sec. 306/114/120B IPC against the appellant.

(3.) Charge was framed against the appellant/accused under Sec. 306 IPC. In support of its case, prosecution examined 34 witnesses. In the statement recorded under Sec. 313 Cr.P.C., appellant took a stand that he along with his deceased mother had gone to the school premises, wherein his father Razi Hasan (PW- 19) was present. Further, appellant remained standing outside the school while his mother went inside. Thereafter, he heard the cries of his mother, who was screaming that Razi Hasan (PW-19/husband of deceased) with the help of Pyamberaza (PW-16) and Nade Ali (PW-17) had set her on fire. He also stated that in a bid to save his mother, he also sustained burn injuries. However, no evidence was led in defence.