SURYA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant seeks to challenge the judgment dated 7th February, 2004 passed by the learned Additional Sessions Judge convicting and sentencing him to life imprisonment for the offence punishable under Section 302 IPC.

(2.) THE case of the prosecution in a nutshell is that Sumiti (hereinafter referred to as 'the deceased'), aged 27 years was married for the last 4-5 years with a Nepalese boy named Surya (the appellant herein) after her first marriage with one Lal Bahadur had broken up. She had two sons aged 11 years and 7 years from her first marriage, who were living with her, but had no progeny from her marriage with the appellant. The deceased was living in the same jhuggi with her parents. On the ill-fated night intervening 16th February, 2000 and 17th february, 2000, at about 12 midnight, when the deceased was sleeping with her two children, allegedly the appellant in a drunken state woke her up and demanded that his food be heated up by her. On her refusal to do so, he, in a fit of anger, caught hold of a kerosene lamp burning in a bottle nearby, sprinkled kerosene oil on her and applied a match stick to her clothes. On her raising a hue and cry, one Devi Singh (PW-4) from an adjoining jhuggi came to their jhuggi to find the appellant pouring water on his burning wife. PW-4 devi Singh thereupon descended the stairs to inform the parents of the deceased and the deceased was taken to the hospital by her mother Smt. Shanti (PW-6) and her two brothers-in-law (PW-10 and PW-13 ).

(3.) THE further case of the prosecution is that on receipt of the information of the burning of Smt. Sumiti and her having been admitted in the safdarjung Hospital vide DD No. 35a, at about 6. 40 a. m. by Duty Constable Mahesh, sub-Inspector Jagdish Prasad alongwith Constable Rakesh Kumar, reached the said hospital, obtained the MLC of Smt. Sumiti, moved an application for recording of her statement Ex. PW-19/a and recorded her statement Ex. PW19/b.