SAMMI & ORS. Vs. STATE

JUDGEMENT

(1.) On 16th October 2010, at 11:24 PM, a young lady Arti, 35 years of age, was brought, in a severely burnt condition, by her husband Javed, to the JPN hospital, where her case was registered as MLC No. 172578. Constable Ajay communicated the said fact telephonically, which was further transmitted to PS Chandni Mahal and reduced into writing vide DD No. 24A.

(2.) On receipt of the said DD, (Ex.PW-5/A) ASI Pritam Singh reached the emergency ward of the hospital and conducted inquiries, which revealed that the marriage of Arti with Javed had taken about 41/2 years earlier. ASI Pritam Singh telephonically informed the Sub Divisional Magistrate (SDM) that the statement of Arti was required to be recorded. On 17th October 2010 at about 2 AM, the doctor declared Arti fit for recording of her statement where after at about 3.30 AM, her statement was recorded by the SDM. This statement forms the fulcrum of the case of the prosecution, against the accused-appellants Aslam, Ashraf and Sammi.

(3.) Arti stated in the said statement, recorded at 3.30 AM on 17th October, 2010 in vernacular, that, (i) She was residing at H.No. 1182, Gali Hamim Naem Beg Wali, Kala Mahal, Delhi with her husband, mother-in-law and brother-in-law (ii) her father in law had expired, (iii) She had no child, (iv) her husband ran a meat shop, (v) on the upper floors of the premises where she resided, uncle of her husband (Aslam) resided with his sons Ashraf and Sammi and his daughter Humma (all four of whom are accused in the present case), (vi) Aslam and his children did not like her as she was Hindu and they were Muslims, (vii) her marriage with Javed had taken place about 4 years earlier, (viii) she was well treated by her husband Javed, his mother and brother and had no complaint against them, (ix) however, Aslam and his children used to quarrel with her on the pretext that she had humiliated them in society, (x) on 16th October, 2010, at about 9.45 PM, Humma picked up a quarrel with her where after Aslam asked her and his sons Ashraf and Sammi to set her (Arti) on fire, (xi) consequent thereupon, Sammi sprinkled kerosene oil on her and Ashraf set her on fire using a match stick, (xii) she ran outside in an attempt to escape, and poured milk from a drum lying nearby on herself, in an effort to douse the fire, (xiii) her husband, brother-in-law and mother-in-law were not at home at the time and (xiv) in the meantime, her husband returned and took her to the hospital. She reiterated, at the conclusion of her statement to the SDM that she had been set on fire by the four accused herein i.e., Aslam, his sons (Ashraf and Sammi) and his daughter Humma.