SHIV KUMARI Vs. STATE

JUDGEMENT

(1.) "hell hath no fury as a woman scorned" the suspicions of the wife about her husbands character and the perceived affection of her husband for another woman has resulted in a crime in the present case. The appellant has been convicted for murder under Section 302 of the Indian Penal Code, 1860 (for short, IPC) of her husband and sister-in-law and under Section 307 of the IPC for attempt to commit murder of her son and daughter all as a consequence of her belief that her husband was having an affair with his cousin and his consequent behaviour with the appellant.

(2.) THE appellant was married to one Shiv Kumar alias Sukumaran (deceased)and from the wedlock were born a boy and a girl, namely, Sanjeev and Seema. The family was residing at D 80, Karampura, New Delhi where the sister of the deceased, namely, Chandrika was also residing. The case of the prosecution is that the appellant suspected an affair of her husband with his cousin Shobhna, who was living as a tenant in House No. C 125, New Moti Nagar, New Delhi. The appellant was naturally offended and there were quarrels between husband and wife as a consequence thereof. On the fateful night preceding 10. 10. 1990, sukumaran is alleged to have returned home late, at which the appellant protested resulting in altercation between the appellant and her husband. Sukumaran is alleged to have remarked in anger that he would set on fire all the members of his family. The anger seemed to have subsided, but kept on burning in the heart of the appellant. Sukumaran was sleeping in the inner room while the two children and Chandrika slept on a double- bed in the outer room where the appellant was sleeping on the floor. At about 4. 30 a. m. on 10. 10. 1990, the appellant is alleged to have smashed the head of Chandrika with a moosli (cylindrical bar of iron used for crushing spices ). This moosli was also used to cause injuries on the head of her son and daughter whereafter she assaulted her husband and finally hit herself on the head.

(3.) THE episode is stated to have been witnessed by a next- door neighbour, namely, Smt. Anita when she heard the cries of the daughter of the appellant and rushed to the flat, but found it bolted from inside. A second neighbour, ram Kishore Shukla is stated to have joined in the effort to open the door and it is the husband of Smt. Anita, namely, Ram Lakhan who informed the PCR. DD entry No. 67/b was made at about 4. 50 a. m. by SI Prakash Chand, who along with si Sukhdev Singh went to D 80, Karampura, New Delhi to investigate the crime. On the site visit, SI Prakash Chand found that blood was spread all over with chandrika, the son and the daughter lying in injured condition in the inner room. The appellant was lying in a semi-conscious state and her husband was lying in a pool of blood in the inner room. In the meantime, information had been sent to CMO, ESI Hospital and the ambulance carried Sukumaran to the said hospital where he was declared brought-dead. The two children along with chandrika and the appellant were taken in the PCR van to DDU Hospital where chandrika was declared brought-dead, while the other injured were referred to RML Hospital. Fortunately, both the children survived. At P. S. Moti Nagar, information was recorded vide DD No. 67/b that a woman had murdered her two children and the SHO along with an SI rushed to the spot. The statement of Smt. Anita was recorded and sent to the police station for registration of the FIR. The trial court on filing of the charge-sheet framed charges against the appellant and the appellant pleaded not guilty and claimed trial.