MANGE LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellants have filed these appeals assailing the judgment dated 22.7.2002 and order dated 24.7.2002 passed by the Additional Sessions Judge whereby the appellant Mange Lal has been convicted for the offence under Section 498-A of Indian Penal Code ('IPC' for short) and sentenced to three years rigorous imprisonment and fine of Rs. 500/-, while the other two appellants have been convicted for the offences punishable under Sections 302/498-A/34 IPC and sentenced to undergo imprisonment for life under Section 302/34 IPC and also to pay fine of Rs. 500A, and to undergo three years imprisonment under Section 498-A/34 IPC and to pay fine of Rs. 500/-. Since both the appeals had arisen out of the same judgment of the trial Court they were heard together and are now being disposed of by a common judgment.

(2.) At the outset the facts of the case which led to the prosecution of the three appellants-accused need to be noticed. Sushila (the deceased) was married to PW-8 Ram Singh more than ten years before the tragic incident of burning ofb the deceased which took place on 29/01/01. They were staying together on the first floor of house No. A-369, Transit Camp, Govindpuri. Appellant-accused Missar is the mother-in-law of the deceased, appellant-accused Mange Lal is her brother-in-law(jeth) and appellant-accused Teeja is her jethani(wife of accused Mange Lal). They were also living in house No. A-369. As per the case of the prosecution, these three accused persons used to harass the deceased for her not satisfying their demands of dowry. On 29.01.2001 at about 11.40 a.m. accused Missar and Teeja allegedly set the deceased Sushila on fire due to which she sustained 85% burn injuries and although she was taken to Safdarjung hospital by the officials of Police Control Room which had been informed of the incident by someone but she could not survive for long and succumbed to the burn injuries sustained by her on the same day in the night at about 9 p.m.

(3.) The body of the deceased was subjected to post-mortem examination on 01.02.2001. The autopsy surgeon, Dr. Alexander (PW-16), gave his report Ex. PW-16/A wherein he made a mention of the following injuries noticed by him on the dead body: