SIKKAN Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) Mithilesh, daughter of Munesh (PW-10), was married to Rakesh Kumar @ Bobby (A-1), he being the son of Mange Ram (A-2) and Sona Devi (A-3), all of them indisputably being residents of Jhuggi no. 244/173, Balmiki Camp, East of Kailash, New Delhi, falling within the jurisdiction of police station Lajpat Nagar. There is sufficient evidence available on record to show, and it is not disputed, that Mithilesh gave birth to a son ten months after the marriage, the said child having later died. The incident which became the subject-matter of the sessions case in which the judgment that is impugned herein was rendered, occurred on 07.11.1999 at about 8.30 p.m. in the aforesaid jhuggi of A-1, A-2 and A-3. It was the day of the Deepawali festival. There is evidence available that Mithilesh suffered burn injuries, opined to be 100 %, she being discovered in such state by two neighbours viz. Babu Lal (PW-1) and Anil (PW-2). The door of the jhuggi required to be broken open, to put out the fire and take Mithilesh to the hospital. Mithilesh died in the hospital sometime around 11.30 p.m. on 08.11.1999, she not being able to make any statement before Sub-Divisional Magistrate (SDM) Mr. Rajesh Kumar (PW-15).

(2.) Though there was some evidence gathered and presented before the trial court indicating that a statement (Ex.PW-12/B) had been given by the victim (Mithilesh) to Head Constable Surender Mohan (PW-12) in the presence of two doctors attending on her in the hospital, it indicating the fire incident to be accidental, such theory was rejected by the trial court.

(3.) The case against the afore-mentioned three persons (A-1 to A-3) and two others namely Samay Singh (A-4) and appellant Sikkan (A-5) was founded essentially on the statement of Munesh (PW-10) and Sheela (PW-13), the father and mother respectively of the deceased, on the premise that the deceased had been subjected to cruelty for dowry in the matrimonial home, the appellant herein also being privy to and complicit in the said cruelty, he being the mediator through whom the marriage had been arranged.