CHARAN SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal 249 of 2002 challenges the judgment dated 4.3.2002 of the Additional Sessions Judge, Delhi in Sessions Case No. 27/1997, arising out of FIR No. 606/1995, PS Pahar Ganj, whereby the learned Judge has held the appellant guilty under Section 302 IPC and further by order dated 5.3.2002 sentenced him to imprisonment for life with a fine of Rs. 2,000/- and in default simple imprisonment for two months. Benefit under Section 428 Cr.P.C. was afforded to the appellant.

(2.) It was the case of the State that Charan Singh was married to Rani for about seven years. He subjected her to cruelty with a view to coerce her to meet his unlawful demands of bringing money from her parents and that on 4.10.1995 he sprinkled kerosene oil on her and set her ablaze, as a result Rani expired on 9.10.1995 at 7.10 a.m. The appellant was charged for an offence, under Section 498-A/302 IPC.

(3.) The Prosecution, in order to prove its case, examined 17 witnesses. Of these, PW-1, Smt. Premwati, is the mother of the deceased while PW-4, Raj Kumar, is the brother. PW-1, Premwati, has deposed that she had spent a considerable amount on the marriage of her daughter and had given a scooter, sofa set, almirah, box etc. and also gave Rs. 40,000/- after mortgaging her land. However, this did not satisfy the appellant, Charan Singh, who began harassing her daughter. Two years prior to the deposition on 5th October, she received a telephonic message through Vinod, brother-in-law of the accused, that her daughter had received burn injuries and was in hospital. One paanwala took her and his son to the hospital. There she found her daughter unconscious. While her daughter regained consciousness on the following day, she told her that her husband had poured kerosene on her and set her on fire and then went down stairs raising an alarm "aag lag gai, aag lag gai". The deceased is also stated to have told this witness that her husband had paid token money for purchase of a house and was compelling the deceased to bring money from her parents. It was due to this that a quarrel took place and Rani was burnt.