PARBATI Vs. STATE OF DELHI

JUDGEMENT

(1.) Appellant Parbati has been convicted vide impugned judgment for an offence punishable under Sec. 302 IPC for having committed the murder of her daughter -in -law Kamlesh by setting her on fire after pouring kerosene oil on her, and sentenced to undergo imprisonment for life as also to pay fine of Rs. 1000/ -, in default of payment of fine to undergo simple imprisonment for the period of three months. Briefly stated, case of the prosecution is that on 04.04.1988 at about 12 Noon at House No. 10554, Bageechi Alauddin, Motia Khan, Nabi Karim the appellant poured kerosene on her daughter -in -law Kamlesh and set her on fire. As a result, Kamlesh suffered serious burn injuries and was admitted in JPN Hospital. She herself gave history of having been burnt by her mother -in -law after pouring kerosene on her. The information was conveyed to the Police Station and was recorded as DD No. 17A at Police Station Nabi Karim. On the receipt of copy of DD report, SI Bishan Swarup went to JPN Hospital and collected the MLC of the injured Kamlesh. SHO, Police Station Nabi Karim also reached at the hospital and entrusted further investigation of the case to SI Daryao Singh.

(2.) SI Daryao Singh contacted the concerned doctor who declared injured Kamlesh fit for statement. He requested SDM, Punjabi Bagh to come and record the statement of injured Kamlesh. He thereafter recorded the statement of the injured Kamlesh and sent it to the Police Station for registration of case. Initially, formal FIR was registered under Sec. 498A/307 IPC, but later on when injured Kamlesh died, it was converted into a case under Sec. 302 IPC. Shri Arun Goel, SDM visited the hospital pursuant to the request and recorded the dying declaration of the deceased Ex.PW18/A at about 3.30 PM wherein she stated that she was set on fire by her mother -in -law after pouring kerosene on her.

(3.) Appellant was charged under Sec. 302 IPC. She pleaded not guilty and claimed to be tried. On conclusion of trial, the learned Additional Sessions Judge relying upon the dying declaration of the deceased Kamlesh, convicted the appellant under Sec. 302 IPC and sentenced her accordingly.