Mohd. Munna Khan v. The State (Gnct) of Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J.

February 13, 2009 mm

* IN THE HIGH COURT OF DELHI Judgment reserved on : February 10, 2009 % Judgment delivered on : February 13, 2009 + CRL.A. 644/2004 MOHD. MUNNA KHAN ..... Appellant Through: Ms. Purnima Sethi, Advocate versus STATE ..... Respondent Through: Mr. Pawan Sharma, 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. Chanda was brought by Laik Khan PW-10 to RML Hospital at 7:40 PM on 9.3.2001. She was examined by Dr.Smita Raj PW-6A. Chanda was badly burnt. On the MLC Ex.PW-6A/A, Dr.Smita Raj recorded that kerosene smell was present on the body of Chanda; that she had suffered 80% - 85% burns. Under the column history, it was recorded: "alleged H-O burns". 2. Around said time, at 7:36 PM, her husband Munna Khan, the appellant was got admitted by one Jasmine at LBS Hospital where Dr.A.S.Prasad PW-2, examined Munna Khan and found him with burn injuries being 35% - 40%. He noted that Munna Khan was reeking with alcohol. He dutifully noted the same in the MLC Ex.PW-2/A. He recorded the history of how Munna Khan was stated to have suffered the burn wounds by recording: "alleged H-O burn by stove as told by Jasmine". 3. At the hospital where Munna Khan was admitted, apart from Dr.A.S.Prasad PW-2, he was also examined by Dr.S.S.Prasad PW-22, who at the rear of the MLC Ex.PW-2/A, on the diagrams depicting the human body from 3 dimensions, vide endorsement Ex.PW-2/B, recorded that Munna Khan had suffered burn injuries on the front right hand, right side of chest, right thigh lateral side, right foot anterior, left forearm lateral side, right forearm back side, the palms of both hands, middle portion of the back. 4. Somebody informed the police at around 7:18 PM on 9.3.2001 that a woman had been burnt in Jawahar Mohalla near a Masjid. The same was transmitted to PS Trilok Puri, where it was entered vide DD No.24A, Ex.PW-9/A, by ASI Ved Pal Singh PW-9. 5. SI Rajesh Kumar PW-15 accompanied by the additional SHO of the police station, Inspector Prem Soni and two constables left for the spot and learnt that Chanda had been taken to RML Hospital and that her husband Munna Khan had been taken to LBS Hospital. He proceeded to RML Hospital and found Chanda admitted in the hospital with grievous burn injuries. Chanda was not fit for statement and hence he collected the MLC and informed Sh.K.D.Dogra SDM Preet Vihar about the incident, since it was a case involving a woman being burnt. 6. Kamal Dev Dogra PW-1, SDM Preet Vihar, reached RML Hospital where the doctor on duty, Dr.Mithlesh, vide endorsement Ex.PW-1/A certified Chanda fit for statement. Kamal Dev Dogra recorded her statement Ex.PW-1/B and obtained her thumb mark at point B. In the said statement, Chanda stated that her husband used to quarrel with her and that on 9.3.2001, at around 7:00 PM, in a fit of rage, he sprinkled kerosene oil on her and set her on fire inside their jhuggi. 7. Kamal Dev Dogra made an endorsement, Ex.PW-1/C, on Chanda's statement and directed the police to take necessary action. Needless to state an FIR under Section 307 IPC was registered against the appellant. 8. After visiting RML Hospital SI Rajesh Kumar returned to the place of the occurrence i.e. the jhuggi of the appellant where Chanda had suffered the burn injuries. 9. SI Vikram Singh PW-24, and Const.Taqir were also deputed to go to the spot where Chanda had received burn injuries. As directed by SI Vikram Singh, Const.Rajesh Kumar PW-1, a photographer was called to the spot who took 10 photographs Ex.PW-7/A1 to Ex.PW-7/A10; negatives whereof are Ex.PW-7/B1 to Ex.PW-7/B10. 10. SI Vikram Singh PW-24, in presence of Laik Khan PW- 10, prepared the rough site plan of the spot and seized, vide seizure memo Ex.PW-10/B a burnt chunni (Ex.P-3); a burnt salwar (Ex.P-4); a burnt pillow (Ex.P-2); a sc