Crl.A. 140/2004 Page 1 of 59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. No. 140 of 2004

Date of Decision: 2^nd September, 2013

1.SWARNA

2.NISHA

..... Appellants

Through:

Mr. Vikas Arora, Advocate.

versus

THE STATE (NCT OF DELHI)

..... Respondent

Through:

Ms. Fizani Husain, APP for the State.

CORAM:

HON’BLE MS. JUSTICE SUNITA GUPTA

J U D G M E N T

:SUNITA GUPTA, J.

1.

Appellants are the mother-in-law and sister-in-law of deceased

Kiran who have assailed the conviction order dated 17.01.2004 and

order of sentence dated 06.02.2004 passed against them by the

learned Additional Sessions Judge, Delhi in Session Case

No.668/1996 arising out of FIR No.739/1984 P.S. Kalkaji u/s 498A-

306 IPC vide which both the appellants were convicted for offence

u/s 498A/306 IPC r/w Section 34 IPC and sentenced to undergo

rigorous imprisonment for five years and to pay fine of Rs.2,000/- for

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offence u/s 306 IPC and in default of payment of fine to further

undergo simple imprisonment for one month. They were also

sentenced to undergo rigorous imprisonment for two years and to pay

a fine of Rs.2,000/-, in default to undergo simple imprisonment for

one month for offence u/s 498A IPC. Both the sentences were to run

concurrently and the convicts were entitled for benefit as provided u/s

428 Cr.P.C.

2.

The prosecution case, as culled out from the report u/s 173

Cr.P.C is that, on 13.06.1984, information was received vide DD No.

16 Ex. PW10/A that one lady Kiran was admitted in Safdarjung

hospital in burnt condition. On receipt of this D.D., SI Laxmi Chand

(PW10) along with HC Parasnath reached the hospital where he

collected the MLC of injured Kiran. An application, Ex. PW 10/B

was moved by HC Parasnath and vide his endorsement Ex.10/C, the

doctor declared her conscious and not under influence. SI Laxmi

Chand recorded the statement of Kiran on which she put her thumb

mark in token of its correctness. On the basis of this statement,

Ex.PW10/D, rukka Ex.PW7/B was prepared and was sent through HC

Paras Nath to police station on the basis of which FIR Ex.PW 7/A

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was recorded. An application Ex.PW10/E was moved by SI Laxmi

Chand with a request to the SDM for recording the statement of the

deceased. However by the time SDM reached the hospital, Kiran was

declared not fit for statement by the Doctor. Crime team was called

at the spot. Photographs of the scene were taken. Site plan was

prepared. Further investigation was handed over to Inspector

Gajender Singh (PW18), who recorded the statement of witnesses.

Injured Kiran succumbed to burn injuries. Her post mortem was got

conducted. The accused were arrested. Exhibits were sent to CFSL.

Two letters written by the deceased and her admitted handwriting

were sent to CFSL. After completing investigation, charge-sheet was

submitted against them.

3.

The aforesaid two accused were duly put on trial for the

offence u/s 498/306 r/w Section 34 IPC. At the trial, the prosecution

examined 23 witnesses. Apart from giving their explanation u/s 313

Cr.P.C. that they have been falsely implicated in this case at the

instance of PW13 Sudesh Rani as she was interested in getting her

son married to accused Nisha to which they were not agreeable, the

accused also examined six witnesses in defence. Upon meticulous

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examination of