WASIM HASSAN Vs. STATE

JUDGEMENT

(1.) This common judgment would dispose of these appeals preferred by Wasim Hassan and his mother Amir Jahan impugning judgment dated 7th April, 2011, passed by Additional Sessions Judge-V, Karkardooma Courts in the charge sheet arising out of FIR No. 112/2006, police station New Usmanpur convicting them under Sections 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) and Section 498A of the I.P.C.

(2.) By the order on sentence dated 8th April, 2011, the two appellants have been sentenced to life imprisonment, fine of Rs. 5,000/- each and in default of payment of fine, to undergo simple imprisonment for one year for the offence under Section 302 read with Section 34 I.P.C. and simple imprisonment for three years, fine of Rs. 5,000/- each and in default of payment of fine, to undergo simple imprisonment of six months for the offence under Section 498A I.P.C. Benefit of section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.), it is directed, would be given.

(3.) Unnatural death of Rehana, wife of Wasim Hassan and daughter-in-law of Amir Jahan pursuant to burn injuries suffered in her matrimonial home on the second floor of property at L-1153, Gali No.8, Gautam Vihar, Delhi at about 10 A.M. on 2nd April, 2006, is not under challenge and is proved beyond doubt. Rehana at about 11.20 A.M. on 2nd April, 2006, was taken to the Guru Teg Bahadur Hospital (GTB Hospital) and was admitted there, vide MLC Ex.PW-15/A. Rehana died at about 11.15 P.M. on 4th April, 2006. As per the postmortem report Ex.PW-10/A, she had ante mortem burn injuries all over her body, sparing a small area in front of the abdomen. The cause of death, it was opined, was septicemic shock due to infected flame burns, ante mortem in nature, involving 95% of the body surface. The said postmortem examination was conducted by Dr. Barkha Gupta, Senior Resident, whose handwriting and signatures were identified by Dr. Arvind Kumar (PW-10).