The court found the appellant guilty of causing dowry death of the deceased and committed an offence punishable under Section 304B IPC.

Pradeep Nandrajog, J.

1. Shruti Sharma (hereinafter referred to as the ‘Deceased’) suffered burn injuries past midnight (around 2:30 in the middle of the night) on the intervening night of August 02, 2006 and August 03, 2006, or to put it differently at 02:30 hours on August 03, 2006. There could be only three alternatives for the deceased suffering burn injuries : (i) suicide; (ii) accidental fire; and (iii) being set on fire. The plea of suicide by the deceased has not been advanced either by the prosecution or by the defence. In this view of the matter, the core question which needs determination in the present appeal is : whether the deceased suffered accidental burn injuries as pleaded by the defence or whether the deceased was set on fire as pleaded by the prosecution.

2. Criminal law was set into motion when at around 02:57 hours on August 03, 2006 appellant Anand Sharma made a call to the Police Control Room informing that his wife has suffered burn injuries at their matrimonial House No.47, Bhagwan Park, Main Road Jharoda. The aforesaid information was flashed to Police Station Timar Pur where Ct. Jitender recorded DD No.3A, Ex.PW-21/A, noting the aforesaid information.

3. PCR Van S-67 present near the house also picked up the wireless message flashed and proceeded to the house, where HC Kailash Yadav PW-16, in-charge of the PCR Van found the deceased in a burnt condition and thus removed the deceased to LNJP Hospital. On the way to the hospital, HC Kailash Yadav PW-16, made an entry at point DX in the log book register, Ex.PW-16/A of the PCR van as under:-

“S-67 Note condition. Shruti Sharma w/o Anand Sharma Age 25 address stated above who has been burnt has told that when she was sleeping a candle fell upon her due to which she was burnt…illegible….She is being removed to LNJP hospital.”

(Emphasis Supplied)

4. The deceased was admitted at LNJP Hospital at about 03:45 hours on August 03, 2006. Dr.Deepak examined the deceased and prepared her MLC Ex.PW-2/A, the relevant portion whereof reads as under:-

“Alleged case of burn by a ‘candle burner’ at home as said by Pt. herself on 3/8/06 at around 2:30 AM. History told by Pt. herself.

Note: - Smell of kerosene oil – ‘Present’

L/E – There is superficial to deep burn over the neck, chest, abdomen & B/L lower limbs and some part of the B/L forearm.

Approx. % of burn area – 70 – 80% of burn area.” (Emphasis Supplied)

5. In the meantime, on receipt of DD No.3A, accompanied by HC Gulzar Singh PW-19 and Ct.Satyavrat PW-14, ASI Om Pal Singh PW- 15, proceeded to the house where the deceased suffered burn injuries and learnt that the deceased has been removed to LNJP Hospital. Leaving HC Gulzar Singh and Ct.Satyavrat at the house, ASI Om Pal Singh proceeded to the hospital.

6. On reaching the hospital, ASI Om Pal Singh collected the MLC Ex.PW-2/A of the deceased. Thereafter ASI Om Pal Singh called Yogesh Pratap PW-2, Sub-Divisional Magistrate, to the hospital to record the statement of the deceased. The SDM reached the hospital but could not record the statement of the deceased since the doctor on duty declared the deceased to be unfit for making a statement at about 06:20 hours on August 03, 2006, as endorsed on the MLC Ex.PW-2/A of the deceased, upon which Yogesh Pratap left the hospital.

7. Yogesh Pratap again visited LNJP Hospital at about 10:20 hours to record the statement of the deceased but the doctor once again declared the deceased to be unfit for making a statement as endorsed on the MLC Ex.PW-2/A.

8. In the meantime, the Crime Team reached the house and inspected the same, in particular the room on the first floor of the house where the deceased suffered burn injuries. HC Sunder Pal PW-20, took four photographs Ex.PW-20/A-1 to Ex.PW-20/A-4 of the room; negatives whereof are Ex.PW-20/A-5 to Ex.PW-20/A-8. The photographs Ex.PW- 20/A1 to Ex.PW-20/A4 show that the deceased suffered burn injuries on a bed lying in a bedroom of her matrimonial house. The bed