HEMANT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These seven criminal appeals, alongwith another (criminal appeal no.122/2012 ) were preferred to assail the judgment dated 29.04.2011 and order dated 30.04.2011, both passed by Additional Sessions Judge, Karkardooma, Delhi in Sessions Case no.34/2008. The criminal appeal no. 122/2012 (preferred by Lalwati wife of Jagbir Singh) stood abated as the said appellant died on 03.01.2015. Since these appeals arise of the same set of facts, circumstances and prosecution, they have been heard together and are being decided through this common judgment.

(2.) Alka, daughter of Bachan Singh (PW2), was married to the appellant Hemant Singh (criminal appeal no.1023/2012) on 11.12.2005. She gave birth to a male child (named Mayank) in due course. On 28.09.2007, some 7/8 months after the birth of the child, sometime between 11:00 AM -12o clock noon time, Alka (then aged 24 years) suffered burn -injuries in the matrimonial home i.e. house no.382, Gali no.1, Asha Ram Gali, within the jurisdiction of police station Mandawali. She was brought to Lok Naik hospital, New Delhi ("the hospital") by the husband (appellant Hemant) at 02:00 PM on the same afternoon. The medico legal report ("MLC") (Ex.PW14/A), prepared by the examining medical officer Dr. Babu Lal Rulania (PW14), though indicates that Alka (the victim) had disclosed the history to be burns suffered around 01:30 PM at residence. The MLC (Ex.PW14/A) noted that at the time of being brought in, she was conscious and oriented with her vitals stable. In the assessment of the medical officer (PW14), she had suffered superficial to deep burns involving both arms, forearms, face, upper abdomen, lower abdomen and upper thighs, the extent assessed to be 40 %. She was admitted to burn -ward, detailed examination and opinion of the specialist and for further management. The MLC noted, inter -alia, that the body of the victim was not emitting smell of kerosene oil.

(3.) The information about the victim having been brought with burn injuries to the hospital by her husband (appellant Hemant) was conveyed by HC Raj Pal to the police station Mandwali ("the police station") at 02:15 PM on 28.09.2007 and was logged there vide DD no.38 -B (Ex.PW17/A). The matter was entrusted for inquiry to ASI Kanta Prasad (PW9) who, accompanied by Ct. Kulwant Singh (PW4), set out for the place of occurrence (matrimonial home). On learning that the fire incident had taken place in the kitchen and the injured had already been shifted to the hospital, he deputed the accompanying constable (PW4) to remain at the spot, and proceeded to the hospital. On the way, he informed Mr. P. K. Jayant (PW1), the Executive Magistrate of the sub -division.