MUNNA LAL Vs. STATE

JUDGEMENT

(1.) The appellant, Munna Lal, s/o Bindeshwari stands convicted for the offence under Sections 300/34,1.P.C. and sentenced to suffer imprisonment for life and fine of Rs. 25,000.00 and in default further R.I. for 3 years by the Additional Sessions Judge, Delhi in F.I.R. No. 447/90, Police Station Saraswati Vihar, Delhi in Sessions Case No. 29/91.

(2.) The facts leading to the filing of the present appeal, shortly stated, are that one Vijay Kumar had inducted Dinesh Kumar as a watchman in the property i.e., bungalow No. 75, Sandesh Vihar, P&T Colony belonging to one Munish Kumar who was living in Bungalow No. 75, Sandesh Vihar, P & T Colony with his wife and two of his cousin brothers Munna Lal and Prakash; that on 25.11.1990 at about 7.30 a.m, a telephonic information given by one Ram Pal Anand was received at Police Station Saraswati Vihar transmitted from Police Control Room to the effect that one person was lying in burnt condition in House No. 75, Sandesh Vihar, P & T Colony whereupon police came to the place of occurrence and in the P.C.R. van, the injured was removed and admitted to Deen Dayal Upadhyay Hospital by Head Constable Jai Narain; that M.L.C. No. E-82735 dated 25.11.1990 was collected by S.I. Jugti Ram in respect of the injured Dinesh Kumar; that Dinesh was found not fit for making statement; that statement of Kiran Devi, wife of the injured Dinesh was recorded by the S.I. on the basis of which Rukka was sent to the concerned Police Station and F.I.R. No. 447/90 was registered; that Kiran Devi gave the full account of the occurrence including the facts which occurred in the afternoon of 24.11.1990 leading to the incident during the night intervening 24th and 25th November, 1990 wherein kerosene was poured on her husband Dinesh and he was set ablaze culminating into the death of Dinesh at about 8 a.m. on 26.11.1990. In the course of the investigation, the statements of the witnesses available were recorded. The charge was framed against the present appellant for committing the murder of Dinesh. The prose cution, in order to bring the guilt home to the accused, adduced oral as well as documentary evidence. The learned trial Judge, appreciating the evidence on record and considering the statement under Section 313 of the Code of Criminal Procedure found accused Munna Lal guilty for the offence charged with and sentenced him, as aforestated. It is this finding of guilt and the sentences imposed which have been assailed by the appellant/convict in this appeal. It may be noted here that co-accused Prakash, the brother of the appellant Munna Lal was also charge-sheeted for committing the murder of Dinesh in this very incident alongwith the present appellant but he has been declared proclaimed offender and the trial proceeded only qua accused Munna Lal who has been found guilty, as aforestated.

(3.) It may be noted that according to the prosecution, on 24.11.1990 at about 4 p.m, when Kiran Devi was alone in the house, Prakash, taking advantage of the absence of her husband Dinesh, committed rape on her. This incident was narrated to Dinesh when he returned home by Kiran Devi whereupon altercation took place between Dinesh and Prakash; that Munna Lal also subsequently came and supported his brother Prakash; that in the night Prakash and Munna Lal were sleeping in the room whereas Dinesh and Kiran Devi were sleeping in the room where they were preparing food (kitchen); that during the night, Munna Lal and Prakash dragged Dinesh to the bathroom; that Kiran Devi tried to rescue her husband but she was pushed away; that Munna Lal held Dinesh and Prakash poured kerosene oil on Dinesh and set Dinesh to fire; that Munna Lal and Prakash fled from the place of occurrence; that Dinesh, in order to extinguish fire, moved in the house and sustained some injuries; that Kiran Devi had become unconscious for some time; that after regaining consciousness, she came out of the house, went to her maternal uncle Manoj Mandat working and staying in a factory at some distance from the place of occurrence; that when she returned with Manoj, she found her injured/ burnt husband having been removed to the hospital by police. It is the say of the prosecution that when Kiran Devi was away from the house, Dinesh in burnt condition went to bungalow No. 78 i.e., to the house of retired Police Inspector Ram Pal Anand and told him that he is coming from bungalow No. 75; that he has been burnt by his two cousins Prakash and Munna Lal and that his wife is away from home whereupon Ram Pal Anand sent a telephonic information to Police Control Room, pursuant to which police van came to the place of occurrence.