RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) BY virtue of the judgment dated 28.07.1994, delivered by the learned Additional Sessions Judge, Delhi in Sessions Case No.104/1989 arising from FIR No.356/1989 registered at Police Station Tilak Nagar, the appellant has been found guilty under Section 498-A as also under Section 302 IPC for having subjected his wife Sunita to cruelty and for having committed her murder. By a separate order passed on the same day, the learned Additional Sessions Judge sentenced the appellant to imprisonment for a period of two years as also imposed a fine of Rs 500.00 in respect of the offence under Section 498-A IPC. In default of payment of fine, the appellant was required to suffer simple imprisonment for three months. As regards the offence punishable under Section 302 IPC, the appellant was sentenced to imprisonment for life and also to pay a fine of Rs 500.00, in default whereof, he was to suffer a further period of simple imprisonment for three months.

(2.) INITIALLY , there were two accused in this case, the present appellant and his father Sat Pal. The present appellant Rajinder Kumar and his father Sat Pal were both charged for having committed the offence punishable under Section 498-A IPC by virtue of an order dated 28.11.1989. The present appellant was, however, also charged for having committed the offence punishable under Section 302 IPC inasmuch as it was <DJG> ALLEGED THAT ON 11.06.1989 AT ABOUT 9.00 A.M.AT HOUSE NO.B-602, J.J.</DJG> Colony, Chaukhandi, Delhi, he had intentionally and knowingly committed the murder of his wife Sunita by pouring kerosene oil on her person and putting her on fire. During the pendency of the trial, the accused Sat Pal passed away. The trial continued insofar as the present appellant Rajinder Kumar is concerned.

(3.) THE learned Additional Sessions Judge considered the testimonies of PW-2 (Smt. Davinder Kaur), who was the elder sister of the deceased Sunita; PW-10 (Smt. Harjeet Kaur, mother of the deceased Sunita) and the other witnesses, including PW-3 (Dr Muneendra Gupta of Deen Dayal Upadhyay Hospital), who examined Sunita when she was brought to the said hospital in an injured condition and certified as to her fitness to give a statement; PW-9 (Dr A.K. Mehta), who was also a doctor, who had initially examined the injured Sunita at DDU Hospital and had prepared the MLC (Exhibt-PW-9/A) in which he recorded the history of the patient as being:- "Alleged H/o being burnt by pouring kerosene oil by her husband and father-in-law "; PW-17 (ASI Bhim Singh), who was the investigating officer and who recorded the alleged statement of Sunita (Exhibit-PW-1/C) in the presence of Dr Muneendra Gupta; and PW-18 (Mr Vipul Mitra), who was the then SDM Punjabi Bagh, Delhi who also recorded the statement of Sunita (Exhibit-PW-18/A) at Safdarjung Hospital.