JUDGMENT (Oral)

1. Geeta Rani, aged about 25 years at the relevant point of time, daughter of Krishna Rani (PW-2), sister of Raj Kumar (PW-4), was married to Rakesh Sharma on 07.03.1994. From out of their cohabitation, a female child named Tanvi - also called by the nick name Tannu - took birth on 01.12.1994. The matrimonial family of Geeta had a house described as No.1/6806, Lahoriya Gali, East Rohtash Nagar, Delhi within the jurisdiction of Police Station Shahdara. Her parental family, i.e. Krishna Rani (mother) and her siblings, on the other hand, would live in Dilshad Garden, close to Delhi-U.P. border. The matrimonial home comprised of two storied structure, one room and a kitchen on the first floor being in the use and occupation of the Geeta Rani, her husband Rakesh Sharma and their child, the portion at the ground floor being in use of the rest of the family. On 28.06.1998, a Sunday, sometime around 10:00 a.m., Geeta Rani suffered burn injuries. There is evidence to show that she was put in a three wheeler scooter (TSR) by her mother-in-law i.e. Janak Rani (A1) and jeth (elder brother of the husband) Harish Sharma (A3) and taken to the house of her mother in Dilshad Garden from where she was taken to Guru Teg Bahadur Hospital (the hospital) and admitted there, she having been examined against medico-legal certificate (MLC), recorded by Dr. B.D. Singh (PW-7), the injuries assessed at that stage to be 100%. Geeta remained in the hospital under treatment over the next few days. There is irrefutable evidence in the form inclusive of death summary (Ex.PW-13/A), prepared by Dr. Anand Prakash (PW-13) showing that at about 7 o'clock in the evening of 01.07.1998, she suffered respiratory distress and despite efforts she went into septicemic shock and had respiratory arrest, to be declared dead at 07:45 p.m., this event having been affirmed by death certificate (Ex.PW-13/B).

2. During the treatment in the hospital, upon input being received in the local Police Station vide DD No.4-A (Ex.PW-8/A), at about 09:20 a.m. on 28.06.1998, the sub divisional magistrate (SDM) Mr. Binay Bhushan (PW-11) was informed. It is stated that the SDM went to the hospital and upon it being certified by the attending doctor, at about 12:05 p.m. on 28.06.1998, that she was fit for statement, the SDM examined the victim Geeta Rani recording her statement (Ex.PW-11/B), this eventually becoming her dying declaration on which the prosecution would rest its case. The SDM, having recorded the said statement (Ex.PW-11/B), by his endorsement (Ex.PW-11/D) at 12:55 p.m. on 28.06.1998, called upon the SHO of Police Station Shahdara to register a case as per law. The said direction of the SDM resulted in further endorsement (Ex.PW-15/A) by ASI Jai Pal Singh (PW-15) who got a case registered vide first information report (FIR) (Ex.PW-8/B) at 2:00 p.m. on the said date, taking note of the offence under Sections 498-A of Indian Penal Code, 1860 (IPC).

3. During the course of investigation, Geeta Rani having died, necessary steps for further investigation were taken, this inclusive of inquest proceedings on the basis of death report (Ex.PW-17/A) and post-mortem examination of the dead body, the report (Ex.PW-12/A) issued by Dr. K.K. Banerjee (PW-12) confirming death to be on account of septicemia as a result of deep superficial infected burns involving 99% of body surface likely to be produced by flames. The SDM, in the course of his inquiry, had also recorded the statement (Ex.PW-2/A) of Krishna Rani (PW-2). In the said statement before the SDM, and also in the statement made before the investigating officer of the police, allegations were made to the effect that Geeta Rani had been intentionally put on fire and, therefore, it was a case of murder.

4. Upon conclusion of the investigation, report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted seeking prosecution of Janak Rani (A1), Mamta (A2) and Harish Sharma