STATE OF DELHI Vs. HORI LAL

JUDGEMENT

(1.) Criminal Appeal No. 87 of 1984 has been filed by the State challenging the judgment and order dated 24.12.1983 of the Additional Sessions Judge in Sessions Case No. 78 of 1983, arising out of FIR No. 512 of 1982, Police Station, Kalkaji, under Section 302 IPC acquitting the respondents of the charges framed. During the pendency of the appeal, it has transpired that Smt. Tara Mati, respondent No. 2, has died. The appeal against her therefore, abates.

(2.) The case of the Prosecution, as noted by the learned Additional Sessions Judge in the impugned judgment, is: "that on 21.6.82 at about 2:40 a.m., Meena was admitted in a burnt condition in Safdarjung Hospital. Constable Jai Parkash, the duty officer in the said hospital flashed that information to P.P. Dakshin Puri, on the basis of which D.D. No. 27 was recorded there. Subsequently, S.I. Harsh Wardhan, incharge of that P.P. was informed and they rushed to the said hospital. After getting the permission of the doctor, who was attending to the said Meena that she was in a fit condition to make a statement, the said S.I. recorded her statement. In the said statement, Meena alleged that she belonged to a poor family and as such could not bring enough dowry to the house of her husband - accused Hori Lal on account of which she was contently harassed and maltreated by her husband and.her mother-in-law. She further alleged that on that night- that is on the night of 20.6.82, her husband dragged her inside the house, poured kerosene oil over her while his mother, co-accused Tara Mati said that she should be burnt. She further mentioned there that her husband then lit a match stick and burnt her. After having so recorded the . statement of injured Meena, S.I. Harsh Wardhan made his own endorsement below that statement, and sent the same to P.S. Kalkaji for registration of the case. On the basis of that statement, case F.I.R. No. 512 u/s 307/34 IPC was registered. Thereafter the said S.I. informed the ACP of the area on phone about the facts of the case. On the advice of the ACP, one Metropolitan Magistrate (Shri O.P. Gogne) was taken to the hospital where he himself recorded another statement of injured Meena. Thereafter, the said S.I. went to the scene of occurrence, lifted one litre flit tin smelling kerosene oil, some burnt pieces of Saree, a match box and some broken pieces of bangles from there. Those articles were separately packed and sealed and were ultimately deposited in the Malkhana. Injured Meena expired in the hospital on 22.6.82 at about l:30 p.m. Statement of witnesses were recorded by S.I. Harsh Wardhan. Subsequently, the investigation of the case was transferred to inspector Mohinder Singh. The said inspector on coming to know about the death of Meena went to the hospital, obtained her dead body and prepared the inquest report. Thereafter, the said dead body was sent for postmortem examination to the mortuary at All-India Medical Institute of Sciences. Accused Hori Lal and his mother Tara Mati were arrested. The sealed parcels containing the case property were sent to CFSL, R.K. Puram for chemical examination. After the receipt of the report from CFSL regarding those articles and after completion of investigation, both the accused persons were sent up under a charge sheet, to the court of the concerned M.M. On 17.9.82. Shri V.K. Shall, learned M.M., New Delhi committed the case to the Sessions vide his order dated 18/12/1982.

(3.) The Prosecution, in order to establish its case, examined as many as 20 witnesses. The star witness of the Prosecution is PW-2, Shri Arjun, son of Shri Baley, who has deposed to the effect that he is a resident in the neighbourhood where the incidence took place and that on the the night intervening 20/21.6.1982, while a religious function was in progress, he noticed flames from the house of the accused, Hori Lal, and at that time both the accused, Hori Lal and his mother (since deceased), were seen standing outside their house. He has further deposed that one Arjun Mehta, another neighbour, broke open the door of the room of the accused and with the help of others took out Meena, wife of the accused, Hori Lal, from there. According to this witness, he himself and Hori La removed the deceased, Meena, to Safdarjung Hospital. He signed the inquest papers, Ex.PW-1/A. He also is a witness to the recovery of the match box, small container, broken pieces of bangles etc. which were seized vide seizure Memo Ex. PW-2/A and identified his signatures.