RANDHIR Vs. STATE

JUDGEMENT

(1.) The present appeal under section 374 (2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') is directed against the judgment of the Trial Court dated 29.02.2012 and order on sentence dated 12.03.2012 by which the appellant has been convicted under Sections 302/354/450 of the Indian Penal Code, 1860 ('IPC') and sentenced to undergo imprisonment for life and also fine of Rs. 10,000/- and in default of payment of fine to further undergo simple imprisonment for six months for the offence punishable under Section 302 IPC; rigorous imprisonment for five years and fine of Rs. 2,000/- and in default simple imprisonment for two months for the offence under Section 450 IPC; and rigorous imprisonment for two years and fine of Rs. 1,000/- and in default simple imprisonment for one month for the offence punishable under Section 354 IPC.

(2.) The case of the prosecution is that on 29.06.2010 at about 2:00 AM, the appellant trespassed into the jhuggi/house bearing No.WZ- 102/193, Indira Park, Ring Road, Naraina, Delhi with the intention to outrage the modesty of Mohini Devi (hereinafter referred as 'deceased') and committed murder of the deceased. Upon receipt of information from DDU Hospital at Naraina Police Station where the deceased was admitted by MLC No.12389 by her daughter Sonia (PW-3), a DD No.6A was recorded. SI Vinod Kumar (PW-29) recorded the statement of Sonia as deceased was unfit for making the statement.

(3.) As per the complaint, Sonia (PW-3), daughter of the deceased, had submitted that she along with her father, mother, brother and sister is residing at the given address. Her father Sh. Nathu Paswan (PW-8) is a rickshaw puller and he had gone to the village in Bihar for the last 15 days and the appellant/accused Randhir used to visit the jhuggi, in the absence of her father. On 29.06.2010, after having dinner, the complainant went to the roof of the first floor of the jhuggi to sleep; then about 1.00 AM, she heard loud screaming of the deceased and she immediately went down and the complainant found that accused had caught hold of the deceased and was pouring kerosene oil from plastic bottle and, thereafter, accused suddenly set her mother on fire, using a matchstick and her mother started screaming and tried to catch hold of the accused, but accused fled by jumping from the window of the first floor of the jhuggi. Thereafter, the complainant and her mother screamed for help from neighbours and neighbours rushed to the spot and doused the fire of the deceased with the help of a curtain, but the deceased was burnt severely. The deceased told that appellant tried to sexually assault her and when she protested, appellant put her on fire by pouring kerosene oil on her. The clothes of the deceased were burnt and those burnt clothes were removed and new clothes were put on the body of the deceased. Complainant along with one neighbour Manish (PW-11) took the deceased to Hospital in an auto rickshaw.