- (1.) These two appeals are by special leave. The Delhi Administration has preferred Criminal Appeal No. 93/84 and the Indian Federation of Women Lawyers and others have preferred the other Criminal Appeal. Both are directed against the same judgment of the Delhi High Court acquitting the respondents of a charge of murder of one Sudha by setting fire to her. The trial Court had accepted the prosecution case and considering it to be one of the atrocious dowry deaths, had sentenced each of the respondents to death. The reference made by the trial Judge was discharged by the High Court and the appeal preferred by the respondents was allowed.
(2.) The three respondents are Shakuntala, the mother and two of her sons, Subhash Chandra and Laxman Kumar. Shakuntala is the wife of one Sriniwas. They have four sons - Subhash, Laxman, Vinod and Ram Avtar, and two daughters. The parents ordinarily live at Barot about 50 miles away from Delhi along with the two daughters. Subhash and his wife Madhu, DW. 5, are school teachers at Delhi. They have two minor children. Laxman Kumar was married to Sudha over whose death the present case has arisen. Vinod and Ram Avtar were living with the two elder brothers at Delhi. Sometime in May or June 1979 these brothers came to five in Flat No. 9-B of the Janata Flats in Ashok Vihar area. This flat is in the ground floor. Flat No. 9-D which is the corresponding first floor flat was previously in occupation of a tenant - Deven Dass whose wife Ishwari Devi has been examined as P.W. 4. Some time in 1980, this flat was purchased by the family of the accused persons and on their request the tenant shifted to Flat No. 28-D in the same area about two months before the incident.
(3.) On February 16,1980, Laxman Kumar was married to Sudha. After the marriage Subhash and members of his family (D.W. 5 and the two children) started living in one of the rooms in the ground floor while Laxman and Sudha lived in the other in the same flat. The upper rooms were occupied by the two other brothers, Vinod and Ram Avtar. As it appears, Shakuntala, the mother, was ordinarily staying with her husband at Barot but now and then came to Delhi and lived with the sons.;