Judgement

MATHEW, J. : - When the special leave to appeal was granted, this Court limited it to the question of the nature of the offence committed by the appellant (accused) in causing the death of one Maya Devi by pouring acid on her body.

2. The prosecution case was as follows. Maya Devi aged 19 years at the time of her death was the daughter of Raj Kumari (P. W. 1). Both the mother and daughter had taken to the profession of dancing and singing and used to live in an apartment on G. B. Road, Delhi. The accused had illicit connection with Maya Devi and he often used to go to the resident of the deceased. The accused wanted to marry Maya Devi but she declined as he was already married to another woman. A few days before the occurrence, the appellant took Maya Devi with him to his house and she stayed there for about 12 days. Thereafter Maya Devi was brought back by the accused to her mother s apartment. On that occasion also the accused asked Maya Devi to marry him but she refused. The accused then threatened Maya Devi that if she would not marry him, she should either leave Delhi or he would kill her in such a manner that she would have lingering death. On August 14, 1967, at about 6 A. M., Maya Devi was lying on her cot with her son aged about one month. Raj Kumari was lying on another cot in the same room. The accused came to the room holding a jug containing acid and a bottle. The accused the poured the acid out of the jug on Maya Devi, her son and Raj Kumari. They started crying and the accaused threw the jug on the cot and placed the bottle on the ground and ran away. Maya Devi was thereafter removed to the City Clinic, Asaf Ali Road, New Delhi a private hospital at about 6.30 A. M. Raj Kumari and the son of Maya Devi were also taken to the hospital. They were examined by Dr. V. K. Jain. He found that Maya Devi had extensive injuries on her person. The doctor found that there were a few streaks and patches of acid burns on the right arm and forearm of Raj Kumari. Acid burns were also found on the scalp of the child of Maya Devi.

3. After getting first aid from the City Clinic, Raj Kumari went to the Police Station Kamla Market and lodged the F. I. R. at 8.30 A. M. the Assistant Sub-Inspector Surjit Singh went to the city Clinic and found Maya Devi lying in a precarious condition. She was not in a position to give any statement. On August 16, 1967, the Assistant Sub-Inspector went to the clinic and with the permission of Dr. Jain recorded the statement of Maya Devi in which she stated that it was the accused who had thrown acid on her, her mother and her son on the 14th morning.

4. After August 16, 1967, Maya Devi started having toxaemia and infection of the burns. It was therefore, though better to transfer her to the Special Burns Unit in Safdarjang Hospital. Accordingly on August 21, 1967, Maya Devi was admitted in the Safdarjang Hospital at about 9 P. M. She was treated in that Hospital by Dr. K. S. Raj Kumar, House Surgeon and Dr. (Miss) Nirmala Lakshmi Narain. On August 23, 1967, Shri V. N. Chaturvedi, Sub-Divisional Magistrate, Hauz Qazi, went to Safdarjang Hospital and recorded the statement of Maya Devi. In that statement also she stated that the accused had thrown acid on her mother and son on the morning of August 14, 1967. Maya Devi died in Safdarjang Hospital at 2.50 A. M. on August 26, 1967. The usual inquest report was prepared and the dead body was sent to the mortuary. Post-mortem examination of the dead body was performed by Dr. S. S, Kaushal on August 26, 1967 at 6 P. M.

5. The accused in his statement under Section 342, Cr. P. C. said that he never wanted to marry Maya Devi, that she was living with him as his wife without any formal marriage, that he never threatened Maya Devi that in case she did not marry him he would kill her and that he did not go to the house of Maya Devi on the morning of August 14, 1967 with a jug and bottle of acid.

6. The learned Sessions Judge accepted the prosecution case and c