Sabar Bhatti v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. FEBRUARY 02, 2009 rk

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 28, 2009 % Judgment delivered on : February 02, 2009 + CRL.A. 836/2003 SABAR BHATTI ..... Appellant Through: Ms.Anu Narula, Advocate. versus STATE ..... Respondent Through: Ms.Richa Kapoor, Advocate. CRL.A. 760/2003 ZARINA ..... Appellant Through: Ms.Anu Narula, 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? 2. To be referred to the Reporter or not? Yes. 3. Whether judgment should be reported in Digest? Yes. : PRADEEP NANDRAJOG, J. 1. At 5.10 AM on 16.8.1999, vide DD No.22/A, Ex.PW- 8/D, the duty officer at Police Station Timarpur recorded the receipt of information that a woman had been set on fire after being doused in kerosene oil at Himgiri Enclave. 2. SI Ranbir Singh PW-22, accompanied by Const. Krishan, reached Himgiri Enclave and learnt that the injured Meenu had been removed to the hospital. SI Ranbir Singh proceeded to the hospital i.e. LNJP hospital. 3. Meenu was admitted at LNJP hospital at 5.45 AM by Victor alias Raju (PW-6), brother-in-law of appellant Sabar Bhatti, a fact recorded in the MLC Ex.PW-14/A. That Meenu was admitted at the hospital was conveyed by Const. Raj Kumar, on duty at LNJP hospital, to his counter-part at PS Timarpur, who made an entry of said information being lodged at the Police Station vide DD No.23/A, Ex.PW-8/C. 4. SI Ranbir Singh PW-22, did not meet any eye witness at the hospital. He obtained a copy of the MLC of Meenu, on which, while noting the history as to how Meenu had sustained the burns, it was recorded: "alleged H/O homicidal burns. She was set on fire by her husband after pouring kerosene oil." On the side, it was recorded on the MLC that the said information was given by the patient herself. The doctor who prepared the MLC is Dr.Arun Prashant PW-21. 5. SI Ranbir Singh could not record the statement of Meenu because by the time he reached the hospital she was unfit for making a statement. He returned to the place of occurrence where he met one Ms.Kamlesh PW-2, and recorded her statement Ex.PW-2/A and made an endorsement Ex.PW- 22/A thereon and sent the same through Const. Krishan to the police station where HC Satyawan, the duty officer at the police station recorded the FIR, Ex.PW-8/A at 10.00 AM. 6. The statement, Ex.PW-2/A made by Kamlesh reads as under: "Statement of Ms.Kamlesh, wife of Sh. Radhey Shyam, r/o Himgiri Enclave, Burari, Delhi, aged 30 years. I reside with my family at the above noted address. At around 4.45 AM today i.e. 16.8.1999, Sunita, sister of Sabar came to my house and requested me to accompany her because Sabar had burnt his wife Meenu. I immediately reached Sabar's house. Anita, wife of Mahadev, Jamuna wife of Mani Ram, Veena wife of Samuel and husband of Jamuna also reached the spot. Many other persons of the locality had collected at the spot. Meenu was lying quietly covered with a cloth, outside her house. We asked Meenu as to what had happened she responded that Sabar had sprinkled kerosene oil on her and set her on fire………………………." 7. SI Ranbir Singh PW-22, also met Anita PW-3, Jamuna PW-4, Mani Ram PW-12 and Veena PW-7 at the spot. He recorded their statements Ex.PW-3/A, ExPW-4/A, Ex.PW-12/A and Ex.PW-7/A. 8. Constable/Photographer Joginder Singh PW-16, was summoned to the place of the occurrence on 16.8.1999 itself. He took photographs of the site being Ex.PW-16/A1 to Ex.PW- 16/A5; negatives whereof are Ex.PW-16/B1 to Ex.PW-16/B5. SI Ranbir Singh prepared a rough site plan, Ex.PW-22/B, of the site of occurrence and recorded marginal notes thereon. Tirath Raj Singh PW-10, took measurements to scale at the spot and prepared the site plan Ex.PW-10/A to scale. Meenu died the same day i.e. 16.8.1999 at around 9.05 AM, as noted in the death summary Ex.PW-15/A. Her body was sent for autopsy and on 17.8.1999 Dr.Aakash J