Crl.A.937/2001 & Crl.A.36/2002. Case: 1. Parbhati Devi & Ors., 2. Gulab Devi Vs State. High Court of Delhi (India)
| Case Number | Crl.A.937/2001 & Crl.A.36/2002 |
| Counsel | For Appellant: Mr. Harsh Prabhakar, Advocate with Mr. Anirudh Tanwar, Advocate, Mr. S.N. Gupta, Advocate and For Respondents: Mr. Varun Goswami, APP Insp. Manoj Kumar, PS Dabri |
| Judges | Pradeep Nandrajog and Mukta Gupta, JJ. |
| Issue | Indian Penal Code - Sections 498A, 34, 302, 306, 307; Criminal Procedure Code - Sections 313, 161; Indian Evidence Act, 1872 - Section 8 |
| Judgement Date | May 17, 2016 |
| Court | High Court of Delhi (India) |
Judgment:
Pradeep Nandrajog, J.
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As per the impugned judgment dated October 31, 2001, passed in Sessions Case No.52/96, the learned Additional Sessions Judge New Delhi has held the three accused: Gulab Devi, Parbhati Devi and Hira Lal guilty for having committed an offence punishable under Section 498A/34 IPC. Accused Gulab Devi has also been held guilty for having committed an offence punishable under Section 302 IPC.
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In terms of the order on sentence dated November 26, 2001, accused Parbhati Devi and Hira Lal have been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 498 A IPC. Fine of `5,000/- each has also been imposed; in default of which the two would be liable to undergo further rigorous imprisonment for three months. Accused Gulab Devi has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 IPC. Fine in sum of `100/- has also been imposed, in default of which the accused has been directed to be liable to undergo rigorous imprisonment for two days. For the offence punishable under Section 498A IPC, accused Gulab Devi has been sentenced to undergo rigorous imprisonment for a period of two years. Fine in sum of `4,900/- has also been imposed; in default of which she is liable to undergo further rigorous imprisonment for three months.
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According to the case projected by the prosecution, Smt.Sheela Devi (hereinafter referred as the ''deceased'') was married to the appellant: Hira Lal on May 28, 1991. Incidentally, on the same day Asha PW-5, who was the younger sister of the deceased was also married to Madan, brother of Hira Lal. Unfortunately, as fate would ordain, none of the sisters attained marital bliss and were cursed to suffer acrimony in their matrimonial home. Appellants: Parbhati Devi (mother-in-law of the deceased) and Gulab Devi (jethani/sister-in-law of the deceased) would demand dowry at regular intervals and taunt the deceased. The husband: Hira Lal, often quarreled with the deceased, although as evidence would establish he would not demand dowry. The deceased would also remain perturbed on account of the fact that her younger sister Asha was ill treated by her husband: Madan and in view of such attending circumstances she was compelled to return to her parental home.
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On the afternoon of November 05, 1992 the deceased suffered burn injuries in a separate portion of her matrimonial house located at House No. RZ-I-25, Mahavir Enclave-Delhi, where she resided with her husband Hira Lal. She was immediately rushed to Deen Dayal Upadhayay Hospital by Hira Lal where she was attended by Dr.Anjana (not examined during Trial) at around 2:30 PM and consequently MLC Ex.PW-11/1 was prepared. It was observed that the patient was conscious, coherent and well oriented. The patient had sustained 100% burns that were superficial. The doctor recorded the history that the patient had suffered burns while cooking.
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At 2:40 PM, D.D.No.16A, dated November 05, 1992 (Mark A) was recorded at P.S.Dabri on the basis of telephonic intimation given by Ct.Suresh Kumar; Duty Constable deputed at Deen Dayal Upadhayay Hospital (not examined during Trial). It was informed that one Sheela Devi W/o Hira Lal R/o RZ-G-25 Mahavir Enclave, Palam Road-Delhi was admitted in the hospital by her husband in a burnt condition owing to the injuries suffered due to stove. Investigation of D.D.No.16A was assigned to SI Sudesh Ranga PW-16; who proceeded to Deen Dayal Upadhayay Hospital along with Ct.Surinder Singh PW-6.
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In the meanwhile, the deceased was referred to Dr.Ram Manohar Lohia Hospital where she was shifted by Hira Lal and Gulab Devi. Medical records of Dr.Ram Manohar Lohia Hospital indicate that at the time of admission the deceased was conscious, cooperative and well oriented. History of having suffered burns while cooking was recorded.
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SI Sudesh Ranga and Ct.Surinder Singh reached Dr.Ram Manohar Lohia Hospital after having obtained a copy of the MLC of the deceased from Deen Dayal Upadhayay Hospital. They sought opinion from the doctor on duty with regard to the fitness of the patient to make a statement. However, by this time i.e. 5:00 PM, the patient was declared unfit for statement by Dr.Rakesh Sharma PW-14 and an endorsement Ex.PW-14/1 to the said effect was recorded on the MLC Ex.PW-11/1 at point A.
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SI Sudesh Ranga and Ct.Surinder Singh visited the spot of occurrence. Crime Team was summoned and photographs were taken. The Crime Team Report Ex.PW-12/1 was proved by Inspector Rajbir PW-12; who was the In-charge of the Crime Team that visited the spot. He deposed that the photographer and a finger-print expert accompanied him. The photographs were proved by the investigating officer-SI Sudesh Ranga as Ex.PW-16/1-6.
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The family members of the deceased were apprised of the incident by the police personnel late at night. Upon receiving this information they also reached Dr.Ram Manohar Lohia Hospital and are...
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