JUDGMENT

Suresh Kait, J.

1. Vide the instant petitioner the petitioner has challenged the judgment dated 30.11.1995 passed by the learned Additional Sessions Judge whereby, both the accused persons were acquitted for the offence under Section 498A/302/34 Indian Penal Code, 1860, in case FIR No.439/1991, Police Station Hari Nagar, by giving them benefit of doubt.

2. Being aggrieved by the aforesaid judgment of the Trial Court, petitioner has filed the instant revision petition before this Court. The same was disposed-of vide order dated 12.09.2001 without going into any of the grounds because of the fact that none appeared on behalf of the petitioner. With the help of ld. amicus curie, the instant petition was dismissed.

3. Being aggrieved by the aforesaid order of this Court, the petitioner challenged the same before the Hon'ble Supreme Court by filing a Special Leave Petition. The Supreme Court vide its order dated 25.02.2009 had set aside the order passed by this Court and remitted the matter back for a fresh disposal in accordance with law.

4. I note that in the matter, before the Trial Court, there were two accused persons, one was Jethani (sister in law) of the deceased and another was the husband of the deceased. The present revision petition has been filed by brother of the deceased, on whose complaint the FIR was registered.

5. Vide judgment dated 30.11.1995, the Trial Court, after going through the evidence and the submissions of the counsel, acquitted both the accused persons.

6. The brief facts of the case are that; On 17.09.1991 deceased Rekha Rani Jain was admitted in Safdarjung Hospital in burnt condition. She made statement in the presence of ASI Lal Singh and the said statement was attested by Dr.Anant Sinha. The occurrence was reported by Constable Sushil Kumar on 17.09.1991, who was posted as Duty Constable at Safdarjung Hospital. He gave the information to the PCR. The said information was transmitted to police station, on receipt of the information; ASI Lal Singh went to Safdarjung Hospital, where, he recorded the statement of Smt.Rekha Rani Jain. On her statement, case was registered against both the aforesaid accused persons.

7. During investigation, statements of witnesses were recorded. Smt.Rekha Rani Jain was medically examined however; she succumbed to her injuries on 18.09.1991. Shri HC Gaur, SDM was also contacted for recording the statement of Smt. Rekha Rani Jain. He reached Safdarjung Hospital at 11:15 PM on that day, by that time Smt. Rekha Rani Jain expired at 11:00 PM on that day. After the investigation and completion of the formalities, challan against the accused persons under Section 498A/302/34 IPC was filed.

8. The prosecution examined as many as 25 witnesses in support of its case. PW-14 and PW-17 were given up by the prosecution.

9. PW-20 Ct.Sushil Kumar was posted as duty constable at Safdarjung Hospital on 17.09.1991 gave the information to the PCR.

10. PW-13 SI Pishori Lal of PCR informed the SHO, police station Hari Nagar about the admission of the injured.

11. PW-12 HC Surender Pal who was posted at police station Hari Nagar, on 17.09.1991, as Wireless Operator. He received the wireless message and recorded the message in DD No.22A.

12. PW1 HC Daya Kishan, duty officer at police station Hari Nagar received wireless message at 06:05PM about the information of injured Smt.Rekha Rani Jain with 95% burn injuries. He informed SHO, police station Hari Nagar, the same was recorded in DD No.22A. The same has been proved by this witness as Ex.PW1/A.

13. On the same day, at night about 09:30PM, ASI Lal Singh sent rukka to the police station, through Constable Ravinder Kumar. On the basis of which formal FIR Ex.PW1/C was got recorded by him. He also recorded DD No.62B at about 11:45PM, regarding the death of Smt.Rekha Rani Jain.

14. PW-25 ASI Lal Singh took over the investigation on receipt of DD No.22A. He reached Safdarjung Hospital and collected the MLC of the