VIRENDER SINGH ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) The appellant stands convicted for the offence under Section 302 Indian Penal Code . by the learned Additional Sessions Judge, New Delhi in Sessions Case No.61/89, F.I.R. No.132/86, P.S. Mayapuri, New Delhi.

(2.) The facts leading to the filing of the present appeal, shortly stated are, that on 20.6.1989 at about 5.40 a.m., a telephonic information was received at Police Station Mayapuri, New Delhi that in burnt condition one girl is lying in the public park behind Syndicate Bank near Lajwanti Chowk; that on this information, DD No.17A was recorded and the police persons went to the spot i.e. Salvage Park opposite House No. WZ-347, Nangal Rai, where a girl who disclosed her name as Champa was found lying with extensive burns on her body; that thereafter she was removed to Safdarjang Hospital; that S.D.M., New Delhi was contacted who came to the hospital and recorded the statement of Champa; that Champa told the S.D.M. that in the morning she had gone to fetch water from a nearby public water tap when Pappu sprinkled kerosene oil on her and set her to fire as she refused to meet him; that on the basis of this statement by Champa, F.I.R. came to be registered for the offence u/s. 307 IPC; that thereafter at about 9.15 a.m. an information was received from the hospital about the death of Champa and the case was converted to one under Section 302 IPC; that usual investigation was carried out and on completion of the investigation, charge sheet came to be filed against the accused Pappu for the offence u/s. 302 IPC. The accused stood the trial for the charge of having committed murder of Champa under Section 302 IPC. The prosecution, in order to bring the guilt home of the accused, adduced oral as well as the documentary evidence. The Additional Sessions Judge, considering the oral as well as the documentary evidence and the statement of the accused under Section 313 Cr.P.C. found the accused guilty for the offence charged and sentenced him to undergo imprisonment for life. It is this conviction and the sentence imposed which has been assailed in the present appeal under Section 374(2) Cr.P.c. by the appellant/convict.

(3.) It may be noted at the outset that it is not in dispute that deceased Champa was residing with he uncle Parshottam Mishra since about 4-5 months prior to the incident in the premises bearing No.WZ-346/1, Nangal Rai, Delhi. It is also not disputed that the accused also resided in the compound of the premises bearing No.WZ-346/1, Nangal Rai, Delhi. It is also not disputed that the incident wherein Champa sustained 95% burn injuries took place in the morning of 20.6.1989. It is also not in dispute that Champa sustained burn injuries on account of sprinkling of the kerosene oil on her and setting her to fire culminating into her death around 8.05 a.m. on the same day in the Safdarjang Hospital.