RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (Cr PC) against the impugned judgment dated 15th January 2013 passed by the Court of Learned Additional Sessions Judge, Karkardooma Courts, Delhi, (ASJ), in Sessions Case No.37/2001 arising out of FIR No.89/1997 at PS Nandnagri, Delhi registered under Section 302/452 Indian Penal Code, 1860 (IPC) convicting the appellant for the offences punishable under Section 302 and 452 of IPC and order on sentence dated 16th January 2003 by which the appellant was sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.2, 000/- and in case of default to undergo RI for one year for the offence punishable under Section 302 IPC. The appellant was also sentenced to undergo RI for three years and to pay a fine of Rs.500/- and in case of default to undergo RI for three months for the offence punishable under Section 452 IPC. The learned ASJ also directed that both the substantial sentences shall run concurrently and the appellant shall be entitled to the benefit of Section 428 Cr PC.

(2.) As per the case of the prosecution, the deceased Smt.Richa Tiwari was married to Yogesh Kumar (PW1) on 22nd November 199 This was the second marriage of Yogesh Kumar, who had two children from his previous wedlock. The appellant, who was the neighbor of the deceased and her husband, wanted to marry the deceased Richa Tiwari and had on several occasions prior to the incident, threatened to kill her and her husband in case she did not marry him. The deceased had explained the threat extended by the appellant to her husband who then admonished the appellant. At about 4.20 pm, on the date of the incident i.e. on 5th February 1997, at House No.D-361, Nandnagri, Delhi, when the deceased was sleeping in her room on the ground floor covered in her quilt, the appellant came inside her bedroom along with petrol and threw petrol on her and set her on fire before running away. The deceased came out crying, engulfed in flames and upon hearing her cries, her husband and her brother, who were on the roof of the said house, came down and extinguished the fire and took her to GTB Hospital, Shahdara, where the medical officer opined that the victim had suffered 100% burn injuries. Her statement was recorded by Investigating Officer (IO) SI Ishwar Singh (PW-19) in the presence of Dr.Puneet Dargan at 5.05 pm on the same day at GTB Hospital. She was declared fit to make a statement by the Medical Officer at 6.30 pm and her statement was recorded by Shri Kuldeep Singh Gangar, SDM Seelampur/Seemapuri, Shahdara, Delhi. The victim succumbed to her burn injuries on 11th February 1997.

(3.) The criminal justice machinery was activated at PS Nand Nagri when DD No.9A was recorded at 4.25 pm on the basis of information received from some unknown person that a person by the name of Rajesh has burnt a lady at House No.D-361, Nandnagri, Delhi. Another DD No.10A was recorded on the same day at PS Nandnagri at 4.55 pm on receiving information on telephone that the deceased has been admitted in burnt condition by her husband in GTB Hospital, Shahdara. FIR No. 89/1997 (Ex.PW11/A) was registered on the same day with PS Nand Nagri under Section 452/307 IPC.