VINAY TIWARI Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed by appellant-convict challenging the judgment dated 22nd December, 2018 and the order on sentence of the same date passed by the Additional Sessions Judge-04, East, Karkardooma Courts, Delhi in Sessions Case No. 970/2016 arising out of FIR No.543/2009 registered with Police Station Mandawali. The appellant- convict has been convicted under Sections 302/498A IPC and sentenced to undergo imprisonment for life with fine of Rs. 5,000/- for offence punishable under Section 302 IPC as well as rigorous imprisonment for three years with fine of Rs. 1,000/- for offence punishable under Section 498A IPC.

(2.) Briefly stated the case of the prosecution is that the appellant-convict and Rakhi (deceased) had married each other on 5th April, 2006 and thereafter, the appellant-convict had subjected Rakhi to cruelty and harassment for dowry. On 30th October, 2008 Rakhi suffered burn injuries at her home in Chander Vihar, Mandawali, Delhi and was shifted to the LNJP Hospital, where ASI Ramesh Chand (PW-14) as well as the Executive Magistrate (PW-18) recorded her statement on the same day. The deceased made no allegations against the appellant-convict in these statements.

(3.) As per the prosecution, on 19th November, 2008 Rakhi called her parents using the mobile phone of another patient, who was being treated in the same hospital, bearing No. 9911301654 and informed them about her condition. Thereafter, her parents came to the hospital and she told them that the appellant-convict had poured kerosene on her and set her on fire. Subsequently, the father of the deceased - Prabhu Shankar Tiwari (PW-6) wrote a letter dated 16th December, 2008 to the SDM (Mark PW-6/A) to record the statement of his daughter Rakhi again as the first statement dated 30th October, 2008 was recorded under threat. Another letter dated 26th December, 2008 was addressed to the Hon'ble Chief Justice of this Court by Rakhi herself, in which she stated that her husband (appellant-convict herein) had set her on fire after pouring kerosene and that she had been harassed by her in-laws on account of dowry. On 22nd January, 2009 Rakhi died while being treated at the LNJP hospital.