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IN THE HIGH COURT OF DELHI AT NEW DELHI

Decided on: 23^rd April, 2019

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CRL.A. 456/2002

JANAK RANI & ORS.

..... Appellants

Through:

Mr. Manoj Swarup, Senior Advocate

with Dr. Mansi Jain, & Ms. Vidisha

Swarup, Advocates with appellants in

person.

versus

STATE (NCT OF DELHI)

..... Respondent

Through:

Mr. Amit Ahlawat, APP for the State

with SI Kaushik Ghosh, PS Shahdara.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

J U D G M E N T (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 in