PREMA DEVI & ORS Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is against the conviction of both the appellants under Section 302/34 IPC whereby vide judgment dated 21.04.2004 and order of sentence dated 21.04.2004, the appellants have been directed to undergo imprisonment for life and imposed a fine of 2,000/- each; in default whereof, undergo rigorous imprisonment for two months each.

(2.) The brief facts of the case are that on 24.05.1997, on receipt of DDNo.10, SI Uday Bir Singh (PW-10) along with Constable Balwan Singh reached at Kachi Colony, Bhati Mines, New Delhi where they came to know that a lady namely, Smt.Arbi Devi had been taken to Safdarjung Hospital by a PCR van in a burnt condition. Constable Garib Chand also reached there and he alongwith SI Uday Bir left for Safadurjung Hospital where Smt.Arbi Devi w/o Raju was found admitted in a burnt condition. She was declared fit for making a statement on an application, Ex.PW5/DA, moved by PW10 SI Uday Bir Singh to CMO, Safadurjung Hospital, New Delhi. Telephonic information was given to the SDM, Hauz Khas but he was unavailable. However, the ACP, Hauz Khas and the SHO, Mehrauli had reached the hospital.

(3.) Si Uday Bir Singh (PW10), the then Investigating Officer recorded the statement of Smt.Arbi Devi wherein she alleged that "she was harassed for dowry demand; was given beatings by her mother-in-law, Prema Devi/appellant no.1, husband Raju and her sister in law Kago/appellant no.2. and on 22.05.1997, she was shunted out from her matrimonial home and that her father brought her to his own house. On 24.05.1997, when she went out to answer call of nature at a pahari near her parental house, the appellants came from behind and poured kerosene oil on her, and set her on fire and they both ran away from the spot with a person who was waiting on a scooter for them near pahari. She extinguished fire with great difficulty and was got admitted in the hospital by PCR officials." Her statement is marked as Ex.PW10/A.