Delhi High Court
Rashid vs State on 27 May, 2016
$~R-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Reserved on: May 19, 2016
% Judgment Delivered on: May 27, 2016
+ CRL.A. No.1005/2014
RASHID ..... Appellant
Through : Mr.M.L.Yadav, Advocate
Versus
STATE ..... Respondent
Through : Mr.Amit Ahlwata, APP for the State.
PRATIBHA RANI, J.
1. This appeal has come up for hearing pursuant to the directions issued
for expediting hearing in appeals filed by persons in custody (with sentence
more than seven years and upto ten years).
2. The appellant has preferred this appeal against the judgment dated
22.04.2014 and order on sentence dated 29.04.2014 whereby he has been
convicted for committing the offence punishable under Section 307 IPC and
sentenced to undergo RI for ten years with fine of ₹10,000/- and in default of
payment of fine, to undergo SI for one year.
3. Briefly stating, the case of the prosecution is that on 26.04.2012 at
7.37 am information was received at PS Lajpat Nagar about a lady, who was
brought by some persons at the entry gate of MCD Hospital. The said
information was recorded vide DD No.12A which was assigned to SI Satbir
Singh who reached the hospital alongwith Ct.Praveen. There he met the
complainant who was crying. On inquiry, she disclosed her name to be
Momin Tara and complained about some inflammable material being thrown
on her by her husband which was causing irritation. ASI Satbir Singh
informed PCR. The complainant Momin Tara was removed to Safdarjung
Hospital by PCR and information was conveyed to PS Lajpat Nagar vide DD
No.23A. Information was also given to the SDM who directed the IO to
contact Executive Magistrate. As none of them could be made available for
recording the statement of the complainant/injured, ASI Satbir Singh himself
recorded the statement of Momim Tara, which is extracted in the impugned
judgment and read as under :-
'I am residing at address mentioned above i.e. Dharam Kanta
(weighing machine), near Kalawati School, Police Post Rasool
Pur, Firozabad, U.P. I was married with Rashid s/o
Sh.Samsuddin 4-5 years back i.e. on 10.02.2008. I have one
son namely Shahbuddin aged about two years from Rashid. My
another son had died, who was elder to Shabuddin. Since the
time of my marriage, my husband used to quarrel and beat me.
My brother-in-law Raja used to save me from my husband and
hence my husband started leveling allegation against him about
our illicit relationship. My father and two brothers are residing
at Vill. Poch, Dist. Jalon, U.P. 5-6 months back, my husband
brought me to Mathura. My mother-in-law, who resides at
native village used to beat me. After coming Mathura, we
started residing in the house of one Babloo R/ Bhesbhagoda PS
Govind Nagar, Mathura. My husband used to beat me here
also. He started selling vegetables on a handcart. Day before
yesterday i.e. 24.04.2012, my husband gave me severe beatings.
I reported matter to the police. Police facilitated a compromise
between us. Yesterday i.e. 25.04.2012, my husband asked me to
go to Gurgaon stating that he will earn more there. Between
10-11 pm, we got off train and went inside public park situated
in Okhla Subzi Mandi. He asked me to sleep there overnight.
He started pressing my neck at about 3-4 am. He threw some
(unknown) material upon me and fled away after taking our son
with him. To save my life, I went to road from that park.
People took me for a lunatic and none became ready to help
me. Clothes on my body remained in the name sake (almost
burnt). I begged for some help. Someone gave me ₹10/-, some
other ₹5/-. I hired a rickshaw for ₹30/-. Rickshaw puller took
me to police post but there was no police present. He i.e.
rickshaw puller brought me to hospital and dropped there.'
4. On the basis of above statement, FIR No.134/2012 has been registered
at PS Amar Colony against the appellant initially for committing the offence
punishable under Section 326 IPC which was subsequently converted into
Under Section 307 IPC. After completion of investigation, chargesheet was
filed against the appellant for the offences complained of.
5. After committal of the case to the Court of Sessions, the appellant has
been charged for committing the offence punishable under Section 307 IPC
to which he pleaded not guilty and claimed trial.
6. The prosecution examined fourteen witnesses in all in support of its
case. Statement under Section 313 CrPC of the appellant has also been
recorded to enable him to explain the incriminating evidence against him.
7. After conclusion of trial, the appellant has been convicted for the
offence punishable under Section 307 IPC and sentenced in the manner
stated above.
8. Pursuant to the order dated 16.05.2016, the appellant has been
produced from J/C. He is represented by Mr.M.L.Yadav, Advocate.
9. I have heard the appellant through his counsel. The appellant has
submitted that the complainant Momin Tara is his second wife. He
suspected that the complainant is having illicit relationship with his younger
brother and that was the real dispute between the parties. The appellant has
further submitted that he has not thrown any inflammable substance on her
as claimed in the complaint though factum of her receiving burn injuries is
not disputed. The appellant has submitted that even now his wife is residing
with his younger brother and he has severed all his relations from her. Even
his son, who was aged about two years at that time, is staying with his
(appellant) wife. He does not want to keep any connection with his wife and
son. He further submits that in view of the MLC, which shows that she
suffered 10% burn injuries, he only prays for reduction of substantive
sentence submitting that award of rigorous imprisonment of ten years is very
harsh. He has further submitted that he is not even able to arrange the fine
amount imposed on him, hence period to be undergone in default of payment
of fine may also be reduced.
10. The appellant has also given in writing that he is not challenging his
conviction in this case and his only prayer is to take a lenient view on the
quantum of sentence.
11. I have perused the record. As per the FIR, the complainant has stated
that when she alongwith her son was sleeping in the park, her husband has
thrown some unknown substance on him and ran away from there.
However, statement of PW-12 Dr. Sanjay Mishra is to the following effect:-
'On 26.04.2012 I examined Momin Tara female aged about 26
years brought by SI Virender Singh with alleged history of
thermal burns. After examining said witness, I prepared MLC
Ex.PW12/A signed by me at point-A. I observed injuries on the
face of said patient which have been described by me in MLC.'
In his cross examination, he has stated that :
'The patient was found having thermal burn injuries on her
abdomen and on thighs. The injuries were caused by flames.
Said injuries were not possible by throwing acid.'
12. Thus, cause of burn injuries as stated by PW-12 Dr. Sanjay Mishra is
due to flames whereas as per the complainant it was due to throwing of some
substance like acid.
13. Taking into consideration that the appellant has clear antecedents and
accepts his involvement in this case wherein his wife received burn injuries
to the extent of 10%, I find that the sentence of ten years awarded to the
appellant is on higher side.
14. In view of submissions made by the appellant, his conviction under
Section 307 IPC is maintained. The order on sentence dated 29.04.2014 is
modified to the extent that substantive sentence of the appellant is reduced
from ten years to five years. The sentence of fine of ₹10,000/- is maintained.
However, in default of payment of time, the sentence of one year is reduced
to one month.
15. The appeal stands allowed in above terms.
16. TCR be sent back alongwith copy of this order.
17. A copy of this order be sent to the concerned Jail Superintendent for
information and necessary compliance.
PRATIBHA RANI, J.
MAY 27, 2016
'st'
