BABITA DAGAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal is filed by the appellant against the judgment of conviction dtd. 9/2/2004 and the order on sentence dtd. 12/2/2004 passed by the learned Additional Sessions Judge, New Delhi [ "Trial Court "], in Sessions Case No. 03/2002, arising out of FIR No. 186/2002 registered under Ss. 302/34 of the Indian Penal Code, 1860 [ "IPC "] at Police Station Najafgarh.

(2.) The prosecution case, in brief, is that on 4/4/2002, an information was received at Police Station Najafgarh that one woman had been set on fire in Gopal Nagar. The said information was recorded vide DD No. 12A. SI Amrit Lal along with Ct. Satish [PW-4] proceeded to House No. RZ 102-103, Phase-II, Gopal Nagar, Najafgarh, Delhi, where it was discovered that the injured, namely, Bimla Devi, had already been shifted to Safdarjung Hospital for treatment. The doctor prepared the medico-legal case report [ "MLC "] of the victim. Investigating Officer [ "IO "], namely, SI Amrit Lal, reached the hospital and gave an application [Ex. PW-15/C] to the CMO, Safdarjung Hospital for permission to record the statement of the victim.

(3.) The doctor, upon being satisfied with the medical condition of the victim, declared her 'fit for statement ' on the same day, that is, on 4/4/2002 at 1:30 PM [Ex. PW-15/D]. IO SI Amrit Lal recorded the statement of the victim Bimla Devi [Ex. PW-16/C], wherein, she stated that she was married to one Anoop Singh about 11 years ago and has a daughter. Around 7-8 years ago, her husband Anoop Singh went missing and so the family got her married to Anoop 's younger brother, namely, Mr. Surinder Singh. She further stated that in the morning at about 10:30 AM, one Babita Dagar [appellant] R/o Jharoda Kalan village had come to her house along with two boys aged around 18-19 years. She knew Babita Dagar [appellant] since 3-4 years and Babita used to visit her house, but she did not know the other two boys. It was stated that Babita wanted to marry her husband Surinder Singh. She further stated that she served them tea and talked with them for about half an hour. Babita told her about her engagement. Around 11.00 AM, suddenly, Babita and the two boys got up, threw chilli powder in her eyes, wrapped a chunni around her neck and attempted to strangulate her. Thereafter, she was set on fire. The assailants then fled away from the spot. At the time of the incident, her husband Surinder Singh had gone for duty and her daughter was at school.