Simon & Ors v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. MARCH 16, 2009 Dharmender

R-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.294/2001 % Date of Decision : March 16, 2009 SIMON & ORS. ..... Appellants Through: Ms.Seema Gulati, Advocate. versus STATE ..... Respondent Through: Ms.Richa Kapoor, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE ARUNA SURESH 1. Whether reporters of local papers may be allowed to see the judgment? Yes. 2. To be referred to the Reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. : PRADEEP NANDRAJOG, J. (Oral) 1. Vide impugned judgment and order dated 13.2.2001, the appellants have been convicted for the offence of murdering Sonia. Appellant Martin has additionally been convicted for the offence punishable under Section 498-A IPC. 2. The conviction has been sustained for the offence punishable under Section 302 IPC on the dying declaration Ex.PW-8/1 made by Sonia to the Sub Divisional Magistrate. 3. Martin has been convicted for the offence punishable under Section 498-A IPC on the basis of the testimony of the parents of Sonia viz. John Morrison PW-2 and Bimla Morrison PW-4. 4. It is not in dispute that Sonia and Martin were married in the year 1995 and Sonia breathed her last on 7.11.1997. It is also not in dispute that at around 11:30 PM on 3.11.1997 Sonia received burn injuries in her matrimonial house at Dhobi Basti, Hari Nagar Ashram, New Delhi. 5. Sonia was initially removed to Jiwan Nursing Home, a place where she was employed, thereafter she was removed to Safdarjung Hospital. 6. The MLC of Sonia, a marked document, marked as "Mark A" shows that one Usha (PW-3) brought Sonia to the hospital and while recording the history as to how the patient sustained the burn injuries, records that the patient sustained burns while cooking on kerosene oil stove when her clothes accidently caught fire. 7. The statement Ex.PW-8/1 of Sonia was recorded by the Sub Divisional Magistrate Shri Krishna Kumar PW-8 on 4.11.1997 sometimes immediately after 10:55 AM. PW-14 Dr.Faridul Hussain, vide his endorsement Ex.PW-14/A, immediately preceding the dying declaration, certified Sonia fit for statement. 8. The statement of Sonia is in question-answer form and translated version thereof reads as under:- "Q. What is your name? A. Sonia. Q. Where do you live? A. Sunlight Colony, Dhobi Basti. Q. How many members are there in your family? A. Father-in-law, mother-in-law, brother-in-law and my husband Martin who does not do any work. Q. When did this incident occur? A. At 11:30 PM. Q. How did it occur? A. My mother-in-law and brother-in-law caught hold of me, Martin poured kerosene oil and my father-in- law set me afire. Q. Who removed you to the hospital? A. I was removed to the hospital by Usha who is called as Bari Bahu. Q. Did the quarrels occur earlier also? A. Yes, I was harassed by my husband after the third day of the marriage on the ground of more dowry. Q. When did the last quarrel occur? A. It occurred 2/3 days earlier before the festival of Diwali and he made bluish marks on my body. Q. In the morning you told that you were engulfed in fire by chance? A. I was helpless as I thought that my family members were present over there. Q. Do you want any legal action against the accused persons? A. Yes, all the accused persons may be confined to the jail." 9. Martin had received burn injuries on his hands evidenced by his MLC Ex.PW-13/DA. 10. Parents of Sonia, John Morrison PW-2 and Bimla Morrison PW-4 have deposed about Sonia"s marriage with Martin on 26.12.1995 and dowry given by them and that after a few days of the marriage Sonia told them that she had been beaten by her husband under influence of liquor and that on a particular day (date, month and year not disclosed) their daughter told them that her husband was demanding Rs.35,000/-. That Sonia was kept by them in their house for about 5 months and sent her back because her in-laws requested that Sonia be sent with her husband. That Sonia started working in Jiwan Nursing Home. That a