SHIV RAM & ORS Vs. STATE OF DELHI

JUDGEMENT

(1.) Sudha, (hereinafter 'the deceased') was married to the third appellant (A3) on 09.12.1998. It is stated that out of their cohabitation, a male child took birth sometime in October, 1999 (unfortunately, the court is informed, the said child could not survive and died before he turned the age of two). Sudha was living with her husband (A3) in the matrimonial home, i.e., house No.533, Gali No.8, Munga Nagar, Gokul Puri, within the jurisdiction of Police Station Gokul Puri, the matrimonial family including the first appellant (A1) (father-in-law), second appellant (A2) (mother-in-law), fourth appellant (A4) nanad (sister-in-law), another nanad (sister-in-law) (tried in juvenile court) and one more nanad (sister-in-law) (A5), who was married and was living in her matrimonial home in house No.B765/1, Gali No.9, Vijay Park, Maujpur, Delhi.

(2.) On 08.12.1999 Sudha suffered burn injuries in an accident that occurred in the kitchen at the first floor of the matrimonial home, the evidence showing the time of such incident to be sometime around 4:00 p.m. She was taken to Guru Teg Bahadur Hospital (GTB) Shahdara, by a neighbour Manju (PW-1), having arrived there at 4:35 p.m. She was examined by Dr. Sandip Jain (PW-22) and by Dr. J. Biswas (PW-21). Medico-legal certificate (MLC) was prepared (vide Ex.PW-21/A) indicating that she had suffered 70% burns. She was referred to the burns ward for further management and treatment.

(3.) It is stated that upon police being informed, it made contact with the Sub-Divisional Magistrate (SDM). Mr. Parkash Chander (PW-5), the SDM, came to the hospital in the morning of 09.12.1999 and upon the deceased statedly having been declared fit for statement, he examined her, reducing her statement to writing (vide Ex.PW-5/A). During the course of his inquiry, the SDM also examined Ashok Kumar (PW-3) and Urmila (PW-4), the brother and mother respectively of the victim. The SDM, thereafter, passed an order (Ex.PW-5/C) on 09.12.1999, directing the Station House Officer (SHO) of Police Station Gokul Puri to register a case. Pursuant to this the first information report (FIR) (Ex.PW-15/A) was recorded vide FIR No.589/1999 at 4:05 p.m. on 09.12.1999 and investigation taken up for offences punishable under Sections 307/498-A/34 of Indian Penal Code, 1860 (IPC).