MOHAN LAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Appellant Mohan Lal has preferred this Appeal against the judgment dated 14th February, 2003 and order on sentence dated 18th February, 2003 convicting him under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') for having committed murder of his wife Sangeeta and was sentenced to imprisonment for life and to pay fine of Rs.5,000/- and in default to undergo Rigorous Imprisonment for one year.

(2.) Appellant Mohan Lal was married to deceased Sangeeta in November, 1984. It seems that after few months of the marriage Appellant started harassing and torturing the deceased for money. Two sons were born out of the wedlock. Deceased used to find it difficult to meet day to day household requirements from the income of the Appellant and had been taking money from her parents from time to time, probably at the behest of the Appellant. There was a quarrel between the Appellant and his wife Sangeeta on 30.09.1986 and Appellant was detained under Section 107/151 Code of Criminal Procedure. With the intervention of the biradari people the matter was compromised and the Appellant was released. Thereafter, Sangeeta went to her matrimonial home and started living with her husband. On 31.07.1987, at about 3.00 PM Appellant is stated to have poured kerosene oil on his wife Sangeeta and set her on fire. She was removed to Ram Manohar Lohia Hospital at about 4.25 PM in burnt condition where she succumbed to her injuries at about 11.00 PM on the same night.

(3.) Charge sheet was filed against Mohan Lal implicating him for an offence punishable under Section 304-B/498-A IPC. Vide order dated 11.01.1988, Learned Sessions Judge was of the opinion that prima facie an offence under Section 302 IPC was made out against Mohan Lal as he had committed murder of his wife Sangeeta by pouring kerosene oil and setting her on fire. Following charge was accordingly framed against Mohan Lal on 11.01.1988:-