- (1.) This appeal, filed by the Complainant, is directed against the judgment and order dated 23.04.2010 passed by the High Court of Delhi at New Delhi in Criminal Appeal No. 524 of 2009 whereby the High Court while setting aside the order of the lower Court allowed the Appeal filed by the accused acquitting him of the offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 (for short 'the IPC').
(2.) The relevant facts which are necessary for the purpose of deciding this appeal are narrated hereunder:- i) In the morning of 13.03.2003, at around 9.20 a.m., Kavita - the deceased and her daughter Nikita sustained fire burn injuries at their house in Village Pandwala Kalan, Delhi. At that time, they were alone in the house. Gyanwati (PW-4, the mother-in-law of the deceased who had gone to provide water to her buffalo returned home almost at the same time and noticed the deceased lying in burnt condition in the courtyard. She tried to put off the fire by throwing water on her. In the meanwhile, Nagender (PW-1) - husband of the deceased also reached there and upon seeing his daughter Nikita in flames, lifted her up and put her in the water tank to put off the fire. Thereafter, he arranged for a Maruti van and he along with his brother Dharmender (PW-5), Sanjay Kumar (PW-7), Gaurav @ Manu (PW-8) and one Love Kumar took the deceased and Nikita to Safdarjung Hospital. ii) It is the case of the prosecution that on the way to the hospital, the deceased Kavita was crying and insisting that she should be taken to the hospital quickly. When the Maruti van reached near Kapashera, the deceased is claimed to have expressed her desire to make a statement at P.S. Kapashera as she did not expect to survive till the time she reached the hospital. Thus, the Maruti van was stopped at P.S. Kapashera. PW-1 - Nagender and others went inside the Police Station to request the police to record the statement of the deceased, while Dharmender (PW-5) stayed back with the deceased and Nikita in the van. The claim of Dharmender (PW-5) is that at that time the deceased told him that she was set on fire by one Umesh Dutt the appellant-accused before the High Court. The police officials, however, refused to record the statement of the deceased and advised them to immediately take the deceased and Nikita to Safdarjung Hospital and it is alleged that at Safdarjang Hospital, MLCs of the deceased as well as her daughter Nikita were prepared. iii) It is also the case of the prosecution that on 13.03.2013, Inspector Nirmal Kaur (PW-12) of Crime Against Women Cell, Nanak Pura, New Delhi while on duty, received information about a quarrel involving a woman which is the subject-matter of DD No. 17. On receipt of said information, she made an enquiry from PCR van Zebra 98, which van had visited the spot of occurrence and learnt that the burnt woman had been removed to Safdarjung Hospital. Thus, she reached Safdarjung Hospital and met the deceased who had sustained burn injuries. The deceased, when asked, told her that she and her daughter were set on fire by one Umesh Dutt, who had poured kerosene oil over them and set them ablaze. She also disclosed that aforesaid Umesh was a friend of her husband and he had a quarrel with her husband few days before the incident. iv) Kavita died on the night intervening 13/14.03.2003 at 12.30 a.m. v) On 30.12.2003, a case was registered under Section 302 of the IPC against Umesh Dutt - the accused person. After completion of the investigation, charge sheet was filed under Sections 302 and 307 of the IPC and the case was committed to Court of Sessions for trial.
(3.) The trial Court, after recording the evidence and examining the witnesses, held the accused guilty and convicted him for the offences punishable under Sections 302 and 307 of the IPC and sentenced him for imprisonment for life and RI for 10 years which shall run concurrently.;