AMBAR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Manjeet Kaur (the victim) was about 20 year old woman, married to the appellant for about three years, she being at the house of her brother Ranjeet Singh (PW-2) in Jhuggi no. 22, near Central Market, near park of block nos. 11-12 of Kalyan Puri on 28.08.2000 (the day of Raksha Bandhan festival) when sometime around 5.30 p.m. she suffered burn injuries. The indisputable evidence on record would show that she was taken to Jai Prakash Narain Hospital ("hospital") by her said brother Ranjeet Singh (PW-2), she being accompanied by her sister Babli Kaur (PW-1), and her husband (the appellant), all travelling in a three wheeler scooter (TSR). She succumbed to the burn injuries and died in the hospital, unable to make any formal statement to the police or sub-divisional magistrate (SDM). On the allegations made subsequently by her siblings and mother, Prem Kaur (PW-3) in their statements to the SDM, however, first information report (FIR) no.269/2000 was registered by police station Kalyanpuri. The investigation culminated in report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) being submitted and, on the basis of evidence presented therewith, the appellant was summoned and sent up for trial in the court of sessions (in sessions case no. 10/2001).

(2.) The trial proceeded, on the basis of charges which were framed for offences under Sections 498A/304B/302 of Indian Penal Code, 1860 (IPC). It may be mentioned here that the accusations against the appellant were that he had intentionally set Manjeet Kaur on fire in the jhuggi which was residence of her brother (PW-2), the consequent burn injuries having brought about her death, the case, thus, being one of culpable homicide amounting to murder. At the same time, it was also the gravamen of the charges against the appellant that prior to the said incident wherein Manjeet Kaur suffered burn injuries, she was being harassed by the appellant so as to coerce her to bring Rs.1,00,000/- (Rupees one lakh) along with a scooter from her father, this constituting a case of cruelty to the married woman and dowry death, presumption under Section 113-B of Indian Evidence Act, 1872 being invoked for such purposes.

(3.) The additional sessions judge accepted the prosecution case in the context of charges under Section 498A/304 B and convicted the appellant by judgment dated 26.07.2002. The trial court, however, was not satisfied with the evidence on the charge of murder under Section 302 IPC. Though the judgment does not expressly say so, it is clear from the conclusions recorded therein that the charge under Section 302 IPC failed and, thus, the appellant stood acquitted on that score. By subsequent order dated 19.08.2002, the trial judge awarded rigorous imprisonment for three years and seven years for offences under Sections 498A and 304 B IPC respectively, fine of Rs. 1,000/- also having been added on the first count.