FIROZA Vs. STATE

JUDGEMENT

(1.) Instant appeals are directed against Judgment dated 16.09.2015 and Order on Sentence dated 26.09.2015 passed by learned Additional Session Judge, North East, Karkardooma Courts, Delhi in Session Case No. 123/10, titled State v. Sameer and Ors. which is arising out of FIR No. 246/2008 under Section 498A/304B/302/34 IPC, at PS Welcome, Delhi whereby appellants have been convicted under Sections 498A/34 IPC and were sentenced to undergo rigorous imprisonment each for three years. They are further sentenced imprisonment for life each for the offence under Section 304B read with Section 302 IPC. They are further sentenced to fine of Rs. 10,000/- each, in default to further undergo simple imprisonment for period of six months. Punishments shall run concurrently.

(2.) The brief facts stated are that a message was received through telephone Number 9210372237, that one lady had been set on fire by her in-laws at House No. B-377, Gali No. 19, Janta Colony, Welcome, Delhi. The same was received at PS Welcome on 25.06.2008 at 9:30 PM and it was reduced down in writing vide DD No. 15A. SI Jagbir Singh alongwith Ct. Chaman Singh reached to the spot for further action and on verifying the address, it was revealed that the actual address of incident is D-463, Janta Colony, Welcome, Delhi. Consequently, they reached there and found injured was already taken to GTB Hospital. SI Jagbir Singh kept Ct. Chaman Singh at the spot and reached to GTB Hospital where the injured was admitted vide MLC No. A-2669/08.

(3.) SI Jagbir Singh collected the MLC Ex.PW19/1 of injured Amreen who was under observation in emergency ward No. 149. The doctor on duty declared her 'unfit for statement'. No eye-witness was found present at the hospital, SI Jagbir on enquiry came to know that the injured has received burn injuries and she was married about 8 months ago to one Sameer. Accordingly, he informed the concerned SDM. The SDM visited hospital on the next morning i.e. 26.06.2008, when the doctor on duty declared injured 'fit for statement' at about 10:20 AM. Subsequently, SDM recorded statement of the injured vide Ex.PW11/A. The SDM after recording the statement of injured, directed the police to take action as per law. The subject FIR was registered under Section 498A read with Section 307 IPC. SI Jagbir Singh reached the spot i.e. D-463, Janta Colony; called the crime team; inspected the spot and took photographs of the spot, where incident had taken place and accordingly the site plan was prepared. Burnt cloth pieces, plastic can, burnt match sticks were found and were put in a parcel and were sealed with seal of JSN and then deposited in the Malkhana of PS Welcome. Thereafter, Accused Sameer, Husband of the deceased, was arrested on 27.06.2008 at about 6 PM from Gate No. 7, GTB Hospital, vide Arrest Memo Ex.PW2/A and his personal search was conducted vide Personal Search Memo Ex.PW2/B. Later, the injured Amreen succumbed to her injuries on 28.06.2008, and information of the same was given to SI Jagbir vide DD No. 3A Ex.PW1/C. SDM was also present at the spot who prepared inquest proceedings and on his direction, postmortem of the deceased was got conducted. Thereafter, body of the deceased was handed over to the family vide Handing Over Memo Ex.PW8/D. On the same day i.e. 28.06.2008 Accused Firoza, Mother-in-Law of the deceased, was arrested at about 1 PM from the house where the incident took place i.e. D-463, Janta Colony, vide Arrest Memo Ex.PW2/C. Thereafter, both arrested accused persons Sameer and Firoza were produced before the concerned Court and were sent to JC. SI Jagbir Singh recorded statements of the witnesses and deposited the seized articles in Malkhana PS Welcome.