SMT. CHANDRAWATI AND ETC. Vs. THE STATE

JUDGEMENT

(1.) The appellant Mst. Chandrawatiwas convicted by the learned Additional Sessions Judge, Delhiunder Section 302 Indian Penal Code . and was sentenced to death togetherwith a fine of Rs. 10,000 and in default of payment of tine toundergo rigorous imprisonment for a period of one year. She was also convicted under Section 498-A 34 Indian Penal Code . and sentencedto pay a fine of Rs. 5,000 and in default of payment of fine toundergo rigorous imprisonment for six months. Appellants KishanLal and Harkesh were convicted u/s 498-A134 Indian Penal Code . and sentenced to undergo rigorous imprisonment for three years togetherwith a fine of Rs. 5,000 each and in default of payment of fine toundergo rigorous imprisonment for a period of six months.Appellants have appealed against their convictions and sentences.The record is also before us for confirmation of the death sentence.The appeal and death reference are being disposed of by thiscommon judgment.

(2.) Deceased Krishna, who died of bum injuries on 14-11-88was married to the appellant Kishan Lal on 18-4-1987. Themarried life of the deceased Krishna and Kishan Lal, accordingto the prosecution, lacked connubial felicity and was marked by constant bickerings and quarrels, the cause of this discord beingthe dowry demands of the appellants. It is the prosecution easethat the deceased was being subjected even to maltreatment.Deceased Krishna complained to her father Harichand (P.W. 9)and sister Neeru (P.W. 1) about the cruel treatment meted out to her by the appellants. The immediate provocation for the appellants stepping up their ill-treatment of the deceased wastheir demand for a motor cycle and also half share of the saleproceeds of the house belonging to her father.

(3.) According to the prosecution on 13-11-1988, the deceasedwas beaten up by her husband as a result whereof she had sustaineda bleeding injury over her left arm. Thereafter, on the same dayat about 8.30 to 8.45 p.m. the appellant Mst. Chandrawati andthe deceased had a quarrel during the course of which the appellant Mst. Chandrawati dragged the deceased inside the bed room.threw kerosene on her and set her on fire. In the meantime, atabout 9.05 p.m., somebody informed the Fire Station ShankerRoad over phone about the fire at the appellants' house, whichbrought leading Fireman Raj Kumar (P.W. 16) at the spot, andwho took the deceased to the Ram Manohar Lohiya Hospital.New Delhi. The deceased was admitted in the Emergency Wardof the said hospital at about 9.40 p.m. where she was examinedby Dr. S. Kumar, who found her to have sustained 100 per centburns vide M.L.C. (Ex. Public Witness 2 A & 10 A). Dr S. Kumar referredthe deceased to the Surgical Emergency Ward, where the deceasedwas examined by Dr. D. Gupta (P.W. 6) in the presence of Dr.Sandeep Cuopra (P.W. 7). After examining Krishna, Dr. Gupta(P.W. 6) recorded her dying declaration (Ex. Public Witness 6 A).