SAROJ MITTAL Vs. THE STATE

JUDGEMENT

(1.) Present appeal has been instituted by the appellant under Section 374(2) read with Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) against the judgment dated 22.9.2014 and order on sentence dated 25.9.2014 arising out of FIR No.206/2013 registered under Section 498A/302/304B/34 of the Indian Penal Code (in short IPC) at Police Station Keshav Puram, whereby the appellant herein was convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment with fine of Rs.5,000/ -.

(2.) As per the case of the prosecution on 17.7.2013 pursuant to the information received at Police Station Keshav Puram vide DD No.47, the Police officials reached Maharaja Agrasen Hospital, Punjabi Bagh, and MLC No.471/13 of Deepti Mittal, wife of Sh.Amit Mittal, r/o 4321/06, Jai Mata Market, Tri Nagar, Delhi, was obtained. On enquiry it was revealed that the injured had been referred to Safdarjung Hospital. The Police officials thereafter reached Safdarjung Hospital where Deepti Mittal was admitted vide MLC No.BN2859/13. During that time, SI Mukesh came to the hospital and requested the Doctor to let him record the statement of Deepti Mittal. The Doctor declared Deepti Mittal fit for making statement. The husband of Deepti Mittal was also present in the hospital, which information was furnished to the then SHO. SDM, Saraswati Vihar, also reached the hospital and recorded the statement of Deepti Mittal. ASI Dharampal along with SI Mukesh Kumar and Constable Jagjit went to the spot of the incident, where a plastic bottle containing some kerosene oil was lying on a stool. One matchbox of make Ship and some matchsticks including burnt matchsticks were lying on the floor. Burnt sari of the victim was also found on the floor. The crime team after reaching the spot took photographs of the crime scene and conducted inspection of the site. Rukka was prepared by ASI Dharmpal and the case was got registered under Section 498 -A/307/34 IPC. First information was sent to the Police Station through Constable Jagjit by ASI Dharampal and further investigation was transferred to SI Mukesh after registration of the FIR. During investigation SI Mukesh after inspecting the place of incident prepared a site plan and also recorded the statement of witnesses under Section 161 Cr.P.C. Further, during the course of investigation, an information was received that the injured had succumbed to her injuries, pursuant to which Section 302 of the IPC was added in the FIR. Thereafter, the appellant and husband of the deceased were arrested and their disclosure statements were recorded. In the post -mortem report the Autopsy Surgeon gave his opinion on the cause of death as cause of death as a result of Ante Mortem Flame burn involving about 90% of total body surface area. Statements of the father and grandfather of the deceased were recorded by the SDM on 23.7.2013.

(3.) In support of its case, the prosecution examined as many as 25 witnesses. The appellant examined one defence witness in her support.