KISHAN LAL Vs. STATE

JUDGEMENT

(1.) The appellant was held guilty and convicted by judgment dated 31.10.2002 of the court of additional sessions judge, upon conclusion of trial in sessions case no. 12/2002, on the charge for offences punishable under Sections 304 B and 498A of Indian Penal Code, 1860 (IPC) and, by subsequent order dated 15.11.2002, sentenced to rigorous imprisonment for seven years on the first count in addition to rigorous imprisonment for three years with fine of Rs. 1,000.00 on the second count. The appeal at hand challenges the said judgment of conviction and order on sentence.

(2.) Anjana, then aged about 21 years, daughter of Shakuntala Paharia (PW-2) and Ram Swaroop Paharia (PW-4), both residents of 16/1662, Govind Puri, New Delhi, was married to the appellant on 04.02.1995 and had shifted to live with her husband in the matrimonial home. The appellant was working as a teacher with a school of Delhi government at the relevant point of time. Her father (PW-4), on the other hand, was an employee of Dena Bank.

(3.) Sometime after 8 a.m., on 02.04.2000, Anjana suffered burn injuries in the matrimonial home described as house no. D-26, Shyam Vihar, Najafgarh, New Delhi. She was taken to Deen Dayal Hospital (DDU Hospital) by the appellant (the husband), she being accompanied at the time by three neighbours, they being Madan Lal Mahajan, Shoshal Kumari and Beena Raghav (PW-3), the first two being a couple and residents of next door no. D-27, the last mentioned person being a local resident of a house at a little distance. Medico legal examination at 9.40 a.m. (Vide Ex.PW-5/A) by Dr. Shirish Mishra (PW-5) assessed, tentatively, the burn injuries to be 65% covering the chest and back besides other parts of the body, the burns being superficial to minimum in depth. On the same day, Anjana was referred from DDU Hospital to Safdarjung hospital, where she was brought at about 11.40 a.m. The death summary (page 55 of the trial court record) which was admitted by the appellant under Sec. 294 of the Code of Criminal Procedure, 1973 (Cr.P.C.) shows that the condition of Anjana gradually deteriorated, she eventually being declared dead at 2.10 p.m. on 03.04.2000. No formal statement of Anjana could be recorded after the burning incident till her death.