LAWS(DLH)-2006-6-61

SHASHI BALA Vs. THE STATE OF NCT

Decided On June 11, 2006
SHASHI BALA Appellant
V/S
The State Of Nct Respondents

JUDGEMENT

(1.) THIS Appeal has been filed by the convict Shashi Bala to challenge the judgment dated 10.02.2004 of the Additional Sessions Judge, Delhi in Sessions Case No.100/01 whereby she has been held guilty under Section 302 IPC and the order dated 13.02.2004 whereby she has been sentenced to undergo imprisonment for life and also to pay a fine of Rs.500/ -, in default to undergo further simple imprisonment for one month.

(2.) APPELLANT Shashi Bala along with her husband Surender Kumar were charged under Section 302/34 IPC for the murder of one Satish Kumar. During the trial before the trial court appellant's husband Surender Kumar expired and so the case against him stood abated.

(3.) THE prosecution case is that the deceased knew about the extra -marital affair of the appellant Shashi Bala with his ustaad Pramod Kumar. The appellant's husband also knew about the relationship between her and Pramod Kumar and to avoid that relationship becoming known to every one through the mouth of the deceased the appellant and her husband killed him in their own house when he was called there by them on 31 -03 -1985. As per the prosecution case the appellant Shashi Bala had sprinkled kerosene oil on the deceased and her husband ignited the matchstick and had put him on fire. At the time of the incident Pramod Kumar was also present in the house of the appellant and he had tried to put off the fire by pouring water on the deceased and also took him to the hospital. However, the deceased could not survive and succumbed to the burn injuries in the hospital on 5 -4 -1985.