LAWS(DLH)-1997-1-54

RAWEL SINGH Vs. STATE

Decided On January 10, 1997
RAWEL SINGH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The appellant was convicted by an Addl. Sessions Judge, Delhi for the murder of Shanta, alleged to be his wife and was sentenced to imprisonment for life and to pay a fine of Rs. 3,000.00 vide judgment dated 14th December, 1993. As per the statement of SI Surinder Kumar, Public Witness -9, on 12th January, 1991 at 9.10 p.m. a message was received from the Duty Officer (West) Distt. Control Room that one lady had been burnt in house No. 11/ 34, Subhash Nagar, New Delhi. AD.D. Entry No. 16 to this effect was recorded at Police Post MIG flats. Police Station Rajouri Garden, New Delhi at 9.10 p.m. That D.D. was marked to ASI Bhim Singh, Public Witness -14 who proceeded to the place of occurrence. SI Surinder Kumar also went to the spot and from there he proceeded to the Din Dayal Upadhyay (DDU) Hospital. At the hospital he learnt that the patient was referred to the RML Hospital so he proceeded to the RML Hospital. On reaching the hospital at about 11.10 p.m.. he wanted to record the statement of the patient. The patient was declared fit for statement by the duty doctor at 11.10 p.m. But her statement could not be recorded because she was crying badly on account of burn injuries. The MLC of the patient recorded at the DDU Hospital shows that she was brought to the hospital by Rawel Singh, husband. It is further recorded in the MLC - "alleged history of burns, history given by the patient herself. Patient says that in a domestic quarrel the kerosene was sprinkled by herself and fire was lit by her husband." The patient was having 65% burns overhead, neck, face, anterior thorax, posterior thorax, both arms and right anterior thighs, patient was conscious, co-operative, complaining of pain, well oriented to space and time, smell of kerosene oil was coming from clothes and body. Pulse was 100 mt., regular good volume." The MLC is Ex. Public Witness Public Witness 16/A.

(2.) SI Surinder Kumar informed the SDM of the area, Shri H.C Gaur for" purposes of recording the statement of the patient. He went to the spot and collected burnt clothes, match box and a can which were seized vide memo Ex. Public Witness Public Witness 9/C. He went to the hospital alongwith Shri H.C. Gaur, the SDM at about 11.10 a.m., where statement of Shanta was recorded by the SDM. The statement is Ex. 6/A. Accused Rawel Singh was present in the hospital. He was arrested. His clothes which were allegedly smelling kerosene oil were taken possession of vide seizure memo Ex. Public Witness PW 9/E. The accused is stated to have made a disclosure statement which is Ex. Public Witness Public Witness 9/ D. Shanta expired on 17th January, 1991.

(3.) The post mortem report is Ex. Public Witness Public Witness 15/A. According to the report the cause of death was due to septoecemia following 60% deep burns. Scalp hair were preserved and sealed. They were seized vide seizure memo Ex. 9/F. There was no external injury mark on the body. There was no mark of violence seen on the body.