* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20.03.2026 Pronounced on: 16.04.2026 + CRL.A. 986/2004 MOHD. AYUB .....Appellant Through: Mr.Jitendra Sethi, Sr. Adv. with Mr.Sidhanth, Mr.Hemant Gulati, Mr.Shobit Dimri, Mr.Bharat, Mr.Keshav Sethi &

Mr.Rajesh Kaushik, Advs.

versus STATE N.C.T Delhi .....Respondent Through: Mr.Aman Usman, APP for the State with Mr.Manvendra Yadav, Adv. along with Insp. Chetan Mandia, PS Lajpat Nagar.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

J U D G M E N T

NAVIN CHAWLA, J.

1. The instant appeal has been preferred by the appellant, challenging the Judgement dated 16.10.2004 passed by the learned Additional Sessions Judge, New Delhi (hereinafter referred to as „Trial Court‟) in S.C. No. 216/2000 (MM) arising out of FIR No. 223/2000 registered at Police Station Lajpat Nagar, New Delhi, vide which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 („IPC‟).

2. The appellant further challenges the Order dated 18.10.2004 passed by the learned Trial Court, sentencing the appellant to undergo rigorous imprisonment for life with fine of Rs.5,000/- and in default of payment of fine, to undergo further simple imprisonment for one year.

FACTS OF THE CASE

3. Briefly stated, it is the case of the prosecution that:

(a) On 28.03.2000 at about 10:55 P.M. on receipt of DD No. 24 regarding information received from Safdarjung Hospital through Duty Constable Om Parkash that one lady has been admitted in the hospital by her neighbour Nirmala in 90% burnt condition, PW-15/S.I. Vijay Singh reached the hospital.

(b) Prior to that, in the MLC report of the deceased (Ex.PW-

13/A), the Doctor, PW-13/Dr.Upender Sharma opined that the deceased had been brought by her neighbour- PW- 2/Nirmala and that the deceased had herself stated that she was burnt when “Ayub (her new lover) poured oil (kerosene oil) from stove and set her on fire she was pouring kerosene into the stove.”.

(c) PW-15/S.I. Vijay Singh thereafter recorded the statement of the deceased (Ex-PW-15/C). She mentioned that she had lived at A 59/14, Shera Mohalla for the last 4 to 5 years. She had been married to one Dubar and had three children from her marriage. She stated that her husband had expired about six years ago. Since then, she had been supporting her children by cleaning houses. About three years ago she had met the appellant, who was the son of Rehman Elahi, resident of Sarnbhal Heda P.S- Mirapur, District Muzaffar Nagar, U.P. The appellant had sexual relations with her and used to provide weekly maintenance to her. He was working in some factory. On 28.03.2000 at about 8:00 P.M., the appellant came to her house with a bottle of liquor and started drinking. She told him not to take the same and he should pay for her expenses, but he did not listen and continued drinking. On that, an altercation took place between them. During that time, the appellant picked up the kerosene oil can, poured the kerosene over her and pushed her on the burning stove, by which she caught fire. The appellant then fled from the spot. In the meantime, her neighbour- PW-2/Nirmala reached and poured the water on her and extinguished the fire. She stated that the appellant had poured the kerosene over her and pushed her on the burning stove with the intention to kill her.

(d) PW-15/S.I. Vijay Singh opined that the case was fit for registration of an offence under Section 307 of the IPC.

(e) Thereafter, police officials went to the place of the incident.

A Seizure Memo (Ex-PW-2/A) was prepared and the crime team as well as the photographer were called.

(f) Unfortunately, the deceased passed away on 29.03.2000 at around 6:30 A.M.

(g)The Postmortem report recorded the cause of death as “shock caused by antemortem thermal burn injuries”.

(h)The appellant was arrested at around 6:30 P.M. on

29.03.2000 from his house in Delhi.

(i) The Brief Facts (Ex.PW-15/DA) were recorded by PW-

15/S.I. Vijay Singh on 01.04.200