JAGDISH PRASAD Vs. STATE DELHI ADMN

JUDGEMENT

(1.) THIS is an appeal against the Judgment dated 26 th April, 1999 and Order on sentence dated 28th April, 1999 whereby both the appellants were convicted under sections 306 and 498-A of IPC and were sentenced to undergo RI for 5 years each and to pay a fine of Rs. 2,000/- each or to undergo RI for 2 months each in default under Section 306 of IPC. They were also sentenced to undergo RI for 2 years each and to pay a fine of Rs. 2,000/- each or to undergo RI for one month each in default under Section 498a of IPC.

(2.) ON 10. 7. 1991, deceased Sukhna Devi wife of the appellant Jagdish Prasad and daughter in law of the appellant Rukmini Devi was brought by the appellant jagdish Prasad to Safdarjung Hospital in burnt condition. As per the history given to the doctor on duty, the deceased doused herself with kerosene oil as she was tortured by her husband and mother in law. The husband used to ask her for the house which her uncle had given to her and used to beat her.

(3.) THE doctor who recorded the history on the MLC of the deceased, namely, Dr. Ajay Jain, came in the witness box as PW-9 and stated that the patient herself gave alleged history of suicidal burns and doused herself with kerosene and set herself on fire as she was tortured by her husband and mother-in-law. Her husband used to ask her for the house which her uncle had given to her and used to beat her. He further stated that the patient was having 100% deep burns on entire body and was critical though conscious and oriented.