SHYAM KALI &ORS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) These appeals brought a challenge to the judgment of the court of Sessions and order passed in its wake whereby the appellants were held guilty on charge of having subjected the victim to cruelty in matrimonial home, one of them being also convicted for the offence of dowry death and punishments awarded for the same.

(2.) Santosh Kumari, daughter of Ram Dulare (PW6), a retired employee of Delhi Electricity Supply Undertaking, then a resident of Trilokpuri area in Delhi was married to the appellant Sanjay (A1) son of Chet Ram (since deceased) on 02.12.1995. Chet Ram (A5) was living with his family that included his wife Shyam Kali (A3), his son appellant Sanjay (A1), other son appellant Sajender (A2) and an unmarried daughter appellant Madhu (A4) in a one room tenement described as House no.10, Old Birla Line, Shakti Nagar, within the jurisdiction of police station Roop Nagar. Chet Ram (A5) and Shyam Kali (A3) had one more child, she being appellant Kamlesh (A6), a married daughter. After marriage, Santosh Kumari shifted to the matrimonial home and in due course (on 15.10.1996) gave birth to a female child. On 09.03.1997, she suffered burn injuries in bathroom of the said house and was taken by officials of police control room (PCR) to Lok Nayak Jai Prakash Narain Hospital ("the hospital") where she was brought at 6.15 a.m on 09.03.1997, the medico legal certificate (MLC) having been prepared by the examining medical officer (vide Ex. PW1/A), it having been assessed at that stage that the burn injuries suffered by her were 100%, all over the body. Inspite of medical aid and assistance, she did not survive, she having passed away at 11.50 a.m. on the same forenoon, the autopsy (vide report Ex. PW1/A) indicating the burn injuries to be 93%, the cause of death being shock consequent to the said burn injuries, which undoubtedly were ante mortem in nature. It may be mentioned here itself that the investigation which was carried out in due course did not reveal it to be a case anything other than that of a suicidal death.

(3.) On initial inputs being received about this incident (vide DD no.39A) in police station Roop Nagar, SI Arjun Singh (PW-12) accompanied by constable Anil Kumar (PW-11) visited the house where the incident had occurred and also followed up to the hospital where the victim had been taken by PCR. The matter was also brought to the notice of Mr. K.S. Meena (PW-4), the Sub-Divisional Magistrate (SDM). The SDM recorded the statements of Ram Dulare (PW6) and Jai Prakash (PW-7), they being father and brother respectively of the victim. Under the directions of SDM, first information report (FIR) was registered vide (Ex. PW3/A) by Head Constable Chander Mohan (PW3), the then duty officer in the police station. The FIR, it may be noted, is founded on the statement (Ex. PW4/A) of Ram Dulare (PW6), the SDM having made the endorsement thereupon (vide Ex. PW4/B). It may be added that by the time the SDM conducted the said inquiry, the victim had already succumbed to the injuries, the FIR having been lodged at 4.15 p.m. on 09.03.1997 for investigation into offences that appeared to have been committed, from the circumstances and the statement of Ram Dulare (PW6), they being punishable under Sections 498A, 304 B read with Section 34 of Indian Penal Code, 1860 (IPC).