BALBIR Vs. STATE

JUDGEMENT

(1.) Balbir by the judgment under challenge dated 17.11.1999 stands convicted for murder of his wife Mamta at about 1:30/2:00 AM in the intervening night between 20th and 21st July, 1997 and for perpetrating cruelty and harassment under Sec. 498 -A IPC of the Indian Penal Code, 1860 ("IPC" in short).

(2.) By the order on sentence dated 26.11.1999, the appellant Balbir has been sentenced to undergo imprisonment for life, fine of Rs. 2,000/ - and in default to undergo Simple Imprisonment for one year for the offence punishable under Sec. 302 IPC and Rigorous Imprisonment for three years with fine of Rs. 500/ - and in default to undergo Simple Imprisonment for 15 days for the offence under Sec. 498 -A IPC. Substantive sentences it is directed would run concurrently and benefit of Sec. 428 of Code of Criminal Procedure, 1973 (Cr.P.C, for short) would apply.

(3.) The factum that the deceased Mamta had married Balbir about two years prior to the date of occurrence is not disputed. It is also not challenged that Mamta had suffered burn injuries in the intervening night between 20th and 21st July, 1997 in her matrimonial home located at house No. R -909, Mangolpuri, Delhi, where the couple was residing on rent alongwith an infant child aged about 6 months. Mamta was brought to Jai Prakash Narain Hospital at about 02:40 AM on 21.07.1997 and examined vide MLC (Ex. PW9/A). Mamta died at about 07:30 PM on 21.07.1997. Post -mortem report marked Ex. PW10/A records that Mamta had dermo -epidermal burn injuries over her face, neck, front of scalp hair, front of chest and abdomen, front of both upper limbs (except over outer aspect of right arm, outer aspect upper third right forearm, outer aspect middle third left forearm), front upper 3/4th of right thigh and front upper 2/3rd of left thigh. Line of redness was seen at places along margins of burnt and unburnt area. Burnt area showed peeling of skin at places exposing radish base. Unpeeled skin showed blackening at places due to deposition of unburnt soot particles in skin. Scalp and facial hair had singed and was burnt in front. Total estimated burnt area was about 30% -35% (thirty - thirty five percent). No other external injuries could be seen on internal examination. All the burnt injuries were opined ante -mortem and of recent duration and were caused by flame. White ointment was seen applied all over the burnt area. No smell of kerosene could be detected from the body and the scalp hair. Cause of death as opined was shock consequent upon around 44% dermoepidermal burn injuries.