Uma Shankar v. State

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. JANUARY 21, 2009 Dharmender

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 21, 2009 + CRL.A. 279/2007 UMA SHANKAR ..... Appellant Through: Mr.Jitender Khanna, Adv. versus STATE OF NCT OF DELHI ..... Respondent Through: Ms.Richa Kapoor, Adv. 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. (Oral) 1. As per the testimony of Dewan Singh PW-4, father of the deceased Vidhya, recorded on 16.9.2004, the appellant Uma Shankar and Vidhya; the deceased were married about 18 – 19 years ago and four children, three sons and one daughter were born to them. Vidhya died on 14.11.2000. She died after 14 years of her marriage. 2. On 12.11.2000, Vidhya suffered burn injuries while in her house. It was around 1.00 PM. She was rushed to Safdarjung Hospital where she was admitted, as per MLC Ex.PW- 17/A, at 2.15 PM. Dr.Charu Sharma examined Vidhya and recorded in the MLC that the patient was brought with a history of sustaining burn injuries accidently from pressure stove while she was cooking food. Contemporaneously, a telephonic information was received at the police station Sangam Vihar at 1.12 PM on 12.11.2000, pursuant where to DD Entry No.7-A was recorded that the caller was calling from phone No.6072274 and had informed that a lady had burnt herself behind House No.607, Gali No.10, Budh Bazar, Devli Gaon. 3. HC Ram Pal PW-8, posted at PCR van No.E-55 and in- charge of the van, also received information from the control room that a lady had been burnt in House No.607, Gali No.10, Budh Bazar, Devli and on receiving the said information he went to the address given and found Vidhya in a burnt condition. He took her in the PCR van and got her admitted at Safdarjung Hospital. 4. SI Satbir Janauna PW-13, posted at PS Sangam Vihar was handed over a copy of DD Entry No.7-A and he reached House No.607, Gali No.10, Budh Bazar, Devli and learnt that Vidhya, wife of the appellant, had received burn injuries and had been removed to Safdarjung Hospital. He went to Safdarjung Hospital and moved an application Ex.PW-13/A for recording the statement of Vidhya and since the doctor opined that Vidhya was fit for statement he recorded her statement, Ex.PW-13/B. In the statement, Ex.PW-13/B Vidhya stated as under:- "I reside at the afore-noted address. I was married about 16-17 years ago. I have four children out of which three boys and one is a girl. My elder son is aged 13 years. In the afternoon today at around 1.00 I had removed a can containing kerosene oil kept at the top of an almirah and was wanting to fill kerosene oil in a stove when the oil spilled out from the can which was without a cap and my clothes caught fire. At the time of the incident my husband and children were not in the house. No one is responsible for the incident. The incident occurred due to my negligence. The police has brought me to the hospital." 5. Being relevant for the purposes of present decision, since the statement of Vidhya has been recorded in vernacular, we propose to note a part of her statement in vernacular since same has been interpreted by the learned trial judge as unbelievable, resulting in the statement Ex.PW-13/B being rejected as untrustworthy. The same is as under:- "……….Mein almaari ke upar baney khaney mein rakhi mitti tel ki kanny utar kar stove mein tel daalna chah rahi thi to bina dhakkan ki rakhi hui kanny se tel mujh par gir gaya aur mere kapdo mein aag lag gayi……" 6. After recording the statement of Vidhya, SI Satbir PW- 13, went to the house and seized a plastic can, one burnt match-stick and piece of pink colour saree and after preparing a pulanda sealed the same vide seizure memo No.Ex.PW-13/C. 7. Vidhya died at Safdarjung Hospital on 14.11.2000. 8. As per death report, Ex.PW-13/F, the deceased had 95% burn injuries which resulted in her deat