Decided on May 03,2007

STATE Respondents


MUKUL MUDGAL,J. - (1.) This appeal challenges the order of the learned Additional District Judge dated 4th March, 2004, convicting the appellant under Section 302 IPC, while acquitting him of the charges under Sections 498A and 304B.
(2.) The facts of the case as per the case set up by the prosecution are as follows:- (a) On the night intervening 19th and 20th May 2002, the deceased Babita was admitted in Safderjung Hospital with burn injuries about which an intimation was received in Police Station OIA vide DD No.28B. The SI Nirbhay Kumar was assigned the said DD for necessary action who went to Safderjung hospital accompanied by Constable Yogesh. SI Nirbhay Kumar sought permission of the doctor for recording the statement of the injured, and on being permitted, he recorded Babita's statement which was endorsed by the SI Nirbhay Singh and sent to Police Station for the registration of the case. The present FIR was thus recorded for offences under Section 498-A and 307 IPC. The injured Babita (now deceased) stated in that she was married to the appellant Jugesh Kumar and it was a love marriage. Some months after the marriage, the couple started quarreling on petty matters and many a times her husband used to make some dowry demands and also used to tell her to pressurize her parents for giving him a Television, fridge, etc. She also stated that her husband used to tell her to live in his parents house which also used to be a reason for the quarrel. She further told to SI Nirbhay Kumar in her statement of 19th May 2002 that on 19th May 2002 her husband came at about 11:00 pm and was asked as to why he was so late on which a quarrel started and then her husband taunted her for not bringing dowry and then picked up a kerosene stove from the kitchen and poured kerosene on her and set her afire. She then shouted on which some neighbours came there but her husband, only to put a show, started pretending as if he was trying to extinguish the fire and thereafter he took her to the hospital and got her admitted there. The statement of the deceased was also recorded by the SDM. The appellant/accused was arrested on 20th May 2002. His medical examination was also got conducted. Injured expired in the hospital 7 days later on 27th May 2002. Post mortem was got conducted on her dead body and finally investigations led to the filing of the challan against appellant/accused Jugesh Kumar for offences under Section 498-A and 302 IPC.
(3.) The appellant was thus charged with the offences under Sections 498-A and 302 IPC with alternative charge under Section 304-B IPC and he pleaded not guilty and claimed trial.;

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