Maksood Ali v. The State of NCT Delhi

PRADEEP NANDRAJOG, J.

ARUNA SURESH, J. FEBRUARY 04, 2009 Dharmender

* IN THE HIGH COURT OF DELHI Judgment reserved on : January 19, 2009 % Judgment delivered on : February 04, 2009 + CRL.A.312/2007 MAKSOOD ALI ..... Appellant Through: Mr.Sumeet Verma, 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? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. On 3.6.2002 at around 11.50 PM a message was received at the PCR van "Baker" that a person was on fire at house No.144/145 near the graveyard at Welcome Colony. From the PCR van the message was flashed to PS Welcome where information, as per the message, was recorded vide DD No.23A, Ex.PW-20/A, and was handed over to ASI Ashik Ali Kirmani PW-20, so that he could proceed to the spot. He did so. Const. Gangadhar PW-5, accompanied him. 2. In the meanwhile the police personnel of the PCR van proceeded to the spot. HC Khangesh Kumar PW-7, who was a part of the police team in the PCR van helped in removing Shakeela (the deceased), from a room on the first floor of the house. The PCR van took her to GTB Hospital where she was admitted at 1.00 AM on 4.6.2002. Shakeela was badly burnt. At the hospital, Dr.Ankur, on emergency duty, examined Shakeela and recorded on the MLC Ex.PW-16/A, that the patient had burns on the neck, front of chest, abdomen and back, right arm, left fore-arm, right thigh and part of leg with back covering 40% of the body. It was noted in the MLC: 'Smell of kerosene in clothes'. The patient was noted to be conscious and oriented. 3. ASI Ashik Ali Kirmani and Const. Gangadhar reached the place of occurrence as disclosed in Ex.PW-20/A and on learning that the injured had been removed to GTB Hospital, ASI Ashik Ali Kirmani proceeded to the hospital, leaving behind Const. Gangadhar at the spot. 4. At the hospital, he enquired about the mental condition of the patient and the doctor i.e. Dr.Ankur informed, that the patient was fit for statement and accordingly, he i.e. ASI Ashik Ali Kirmani recorded the statement Ex.PW-4/A of Shakeela. She stated that she was married to Maksood according to Muslim rites about 14 years ago and three children, a son named Mehboob aged 12 years and two daughters named Aashia aged 8 years and Zeenat aged 4 years were born to them. That she used to live with her children in the village and about two years ago came to Delhi with the children. Her husband used to quarrel with her every day and used to compel her to go back to the village leaving the children behind. That her husband was an alcoholic and that on many occasions had beaten her. That her husband was employed at a LIC canteen at Connaught Place. That at 8.30 PM today, her husband came back to the house and started abusing her and additionally started beating her. Thereafter, he took their son Mehboob to a doctor to purchase medicine. On returning, he once again started quarreling with her. He took her inside the room and started beating her and locked the door from inside and said that she should immediately leave his house, leaving the children behind, otherwise he will kill her. She told him as to where she could go at that time. At which he said that he would destroy her by setting her on fire and at that he picked up a can containing kerosene oil lying in the room and after pouring the same over her set her on fire after lighting a match-stick from a match-box which he was having with him. Her clothes caught fire. Crying she ran towards the door and started opening the door. He prevented her from going out. After opening the door when she went out to reach the bath-room to douse the fire by pouring a bucket of water he snatched the bucket from her hand. Somebody informed the police and the PCR van had brought her to the hospital. 5. Since an argument has been advanced with respect to Shakeela being possibly