Sanjiv Khanna, J. (ORAL);—

The appellant, Subhash, by the impugned judgment dated 15th November, 2011 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for the murder of Nirmala; under Sections 452 and 324 IPC for committing house trespass and simple injuries to Sarita, Nita and Aache Lal. By the order of sentence dated 15th November, 2011, he has been sentenced to life imprisonment for the offence of murder and further sentenced to pay a fine of Rs.50,000/-, in default thereof to undergo simple imprisonment for a period of two years. For the offence under Section 324 IPC, he has been sentenced to rigorous imprisonment for a period of three years. For the offence under Section 452, he has been sentenced to undergo rigorous imprisonment of seven years and to pay a fine of Rs.10,000/- and in default thereof to undergo simple imprisonment for a period of six months.

2. The prosecution’s case largely rests and is predicated upon the statements of the two sisters of the deceased (Nirmala), namely Urmila and Asha, who had appeared before the trial court as PW-1 and PW-2, respectively.

3. Urmila (PW-1) has stated that on 6th February, 2005 she, her five sisters, and one brother had gone to sleep in the same room at about 10 P.M. At about 3 – 3.30 A.M., she was woken up by the cries of her sister Nirmala, who had been sleeping with their sister Sarita on a separate cot. On waking up, PW-1 saw that the electric bulb had been switched ‘on’ and that the door of their room was open. She saw the appellant (Subhash), who was described as their maternal uncle, standing beside the said cot holding a jug in his hand. She then saw him throwing the contents of the jug on Nirmala, after which he threw the jug on the floor and ran out through the back door of the room, bolting the door from outside. She averred that despite her effort to stop the appellant, he managed to run away. Nirmala and her other sisters, Sarita and Nita, suffered burn injuries caused by the contents of the jug. Her father, who was sleeping in the adjoining room, came into the said room on hearing their cries. He poured water on her sisters, and called the police, who reached their house within five minutes. PW-1 also stated that earlier that day, i.e. on 6th February, 2005, at about 11 A.M., she had seen her sister Nirmala quarrelling with Subhash on the roof of their house. Nirmala was scolding the appellant, and the appellant was threatening her, saying that “he would see to her” if she would not agree to his terms. When PW-1 questioned Nirmala about the exchange, she replied that she was scolding the appellant because he had misbehaved with her. She further stated that on the said night Nirmala was first taken to Sanjay Gandhi Hospital, and thereafter shifted to JPN Hospital, where she succumbed to her burn injuries.

4. Asha (PW-2) made a similar statement, that on 6th February, 2005, she had gone to sleep with her five sisters and one brother. Her sisters Nirmala and Sarita were sleeping on a separate cot. At about 3.30 A.M. she woke up when she heard Nirmala crying out. She saw the appellant standing by the side of the cot on which Nirmala was sleeping, and saw that he was holding a jug in his hand. She saw him throwing the jug on the floor of the room, and run out of the other door, after bolting it from the outside. Nirmala was completely burnt and her two sisters, namely Sarita and Nita, also received burn injuries. After the police arrived, the injured girls were taken to the hospital. She stated that Nirmala was first taken to Sanjay Gandhi Hospital and then shifted to another hospital. PW-2 averred that at about 11 A.M. on the 6th of February, 2005, the deceased (Nirmala) had gone to the roof of their house and was seen quarreling with the appellant. The appellant was threatening Nirmala and saying that “he would see to her”. The examination-in-chief of Asha (PW-2) was recorded on 15th August, 2005 and her cross-examination was defe

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