RAJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) INITIALLY we were seized with the appeal of appellant Raj Kumar S/o Shri mishri Lal, the husband of the deceased as he had been sentenced to imprisonment of life under section 304-B read with section 34 of IPC and also under section 498-A/34 of IPC vide impugned judgment dated 31/8/2006 and order dated 6/9/2006. Mishri Lal S/o. late Shri Shanker Lal and Taro Devi wife of Mishri lal, who are the parents-in-law of the deceased have also been convicted and sentenced under section 304-B read with section 34 of IPC and also for the offence under section 498-A/34 of IPC, but they were sentenced to rigorous imprisonment for seven years and a fine of Rs. 500/- each vide aforesaid impugned judgment. The appeals filed by above said two co-appellants were pending before the Single Bench and since all these three appeals arise out of common impugned judgment, therefore, vide order dated 14/3/2008 of our learned predecessor, all the three appeals were ordered to be listed together before this Bench. That is how we proceeded to deal with all these three appeals together. Both sides have stated before us that it would be in the fitness of things if all these three appeals are heard and disposed of by a common judgment as they are directed against common impugned judgment and order. Therefore, the above titled three appeals are being decided by this common judgment.

(2.) THIS is an unfortunate case where wife of appellant Raj Kumar and daughter-in-law of appellants Mishri Lal and Taro Devi has died unnatural death just within about one and half years of her marriage with appellant no. 1 Raj Kumar. The law was set into motion in this case by virtue of DD No. 7a recorded on 11. 8. 2003 at 11. 55am in Jai Prakash Narain Hospital and the information received vide this DD was that Babita , W/o Raj Kumar aged about 19. 5 years has been brought to the hospital by her father Rajbir alongwith Raj Kumar and Mishri Lal and she was admitted in the hospital in burnt condition.

(3.) AS per the Medico Legal Certificate (hereinafter referred to as MLC ex. PW14/a) of deceased Babita, the alleged history given by her is that her husband and his parents had put kerosene oil on her and had set her on fire in the morning. It is recorded in this MLC of Babita that she was conscious and oriented and her respiration was spontaneous and she had sustained 90% burns over her face, both upper and lower limbs, chest, abdomen, back and pelvis and she was admitted in the burns ward and was given the required treatment. It is matter of record that Babita was declared fit for statement at 4. 05pm on 11. 8. 2003 and thereafter her statement Ex. PW31/a was recorded by the SDM (PW-31)at 4. 10pm on 11. 8. 2003. On 17. 8. 2003 at about 12. 45am, Babita died and her statement Ex. PW31/a recorded by the SDM (PW-31) assumed the shape of her dying declaration. The dying declaration of Babita Ex. PW31/a when translated, reads as under :- <FRM>JUDGEMENT_1012_ILRDLH17_2008Html1.htm</FRM>