NARENDERKUMAR Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THESE appeals have been preferred against the judgment of learned additional Sessions Judge dated 10th September, 2004 whereby he convicted the appellants under Section 498a read with Section 34 IPC and section 307 read with Section 34 IPC and against the order of sentence dated 14th September, 2004 whereby he sentenced each of the appellants to undergo RI for 02 years and a fine of Rs. 3,000/- under Section 498a and RI for 07 years and a fine of RS. 5,000/- under Section 307/34 IPC.

(2.) THE brief facts necessary for deciding these appeals are that complainant Veena Rani was married to accused Gyan Prakash on 24th november, 1997. She was admitted to Safdarjung Hospital on 9th May, 2002 by her husband at about 10. 00 p. m. with 25 % burns. She told the doctor that she received burn injuries accidentally while she was cooking food on lpg stove and her dupatta caught fire accidentally resulting into burn injuries. Her MLC Ex. PW 3/1 shows that her pulse rate, Blood Pressure were normal her chest was clean she was oriented to time, place and persons. The injuries present on her body showed that she was having thermal burns on upper parts of the body i. e. upper exteme face, lower abdomen and some patches over the back. Police was informed of the admission by the duty constable in hospital vide DD No. 4a (Ex. PW 1/1) on the night of 9th and 10th May, 2002. The investigation was given to ASI Ramesh Chand, who requested SDM to come to hospital and record statement of Smt. Veena. Statement of Smt. Veena was recorded by SDM on 10th May, 2002. Doctor's endorsement of her being fit for giving statement is Ex. PW 12/1. In her statement given to SDM (Ex. PW 2/2) she stated that on previous night around 7. 00 p. m. she was at home, her jethani and mother-in-law were also at home, LPG Stove was lying on floor. She was standing near the stove and food was being cooked. Her dupatta caught fire from the LPG stove and she cried of catching fire, her mother-in-law and jethani extinguished the fire. Her husband was on duty at the time of incident. Thereafter, she was brought to hospital by her husband. She had been living happily with her family and was not being harassed for dowry, everybody in the family loved her. The incident was an accident and she had no doubt on anyone. She was in full senses and gave the statement without any pressure.

(3.) FATHER of complainant Roshan Lal came to see her on 10th May, 2002 itself. On 11th May, 2002, her father made an application Ex. PW5/1 to SDM wherein he stated that her daughter Veena was being mistreated by her in-laws. His son-in-law Gyan Prakash was having no business or work and due to this reason his family members used to throw him out of the house and on this attitude of family of his son-in-law, he had to bring his daughter to his own house sometime for four months and sometime for six months. His daughter was having one son, who was also living with him for about last three years. Due to unemployment of his son-in-law he got his daughter employed in a private firm as a labour, so that she could maintain herself. During this period he had also been sending his daughter to in-laws house with the help of inter-mediators. Mother-in-law of his daughter told him that he should get his son-in-law Gyan Prakash settled by opening a clothier shop for him. Since he (father-in-law) was not a rich person this was not possible for him. On 9th May, 2002 around 7. 00 p. m. girl's two je us (brothers-in-law) viz. Narender and Vijay, two jethanis (sisters-in-law) viz. Om Prabha and Nirmal and mother-in-law viz. Jeevani Devi @ Jamuna Devi and her husband Gyan Prakash poured kerosene oil on his daughter and set her on fire. He was not informed of the incident. However, he got information on 10th May, 2002 at 10. 00 a. m. from some acquaintance that Veena had met with an accident. So, when he went to know well being of his daughter at her in-laws' house there her father-in-law Pandit Prabhati Lal told him that Veena was in burns ward of the Safdarjung Hospital. When he reached safdarjung Hospital he learnt that SDM had already recorded his daughter's statement. His daughter told him that she made statement to SDM as per the wishes of her in-laws since her in-laws had threatened her that they would kill her and her son and that she would be divorced. By his application ex. PW5/1 he requested SDM that another statement of his daughter Veena should be recorded.