Criminal Appeal No. – 584/2012
DELHI HIGH COURT
Date of Judgement: 5th November 2012
Bench: Hon’ble Sanjiv Khanna J., Hon’ble S. P. Garg J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 324 IPC (Voluntary causing hurt by dangerous weapons or means)
- Section 300 IPC (Murder)
- Section 452 IPC (House trespass after preparation for hurt, assault or wrongful restraint)
- Section 299 IPC (Culpable homicide)
Branch: Forensic Physics
Backstory
On 06th February 2005, at around 10:00 P.M., Urmila, and her five sisters and one brother had gone to sleep, at around 03:00 to 03:30 P.M., Urmila woke up by hearing the cries sound of her sister Nirmala (deceased) aged 21 years, Urmila, noticed that her maternal uncle Subhash (accused), standing by holding the jug in his hand, he was thrown the contents of the jug on Nirmala, and then he threw the jug on the floor and from the back door and ran out of the house. Aache Lal came near the spot and poured water on Nirmala and called the police, within five minutes police arrived on the spot. Urmila stated that, on 06th February 2005, at around 11:00 A.M., on the roof of their house, she had seen Nirmala quarreling and scolding Subhash. Subhash was threatening her “he would see to her” if she would not agree to his terms, and he misbehaved with her. Nirmala was taken to Sanjiv Gandhi Hospital, from there shifted to JPN Hospital.
Nirmala’s sisters Urmila and Asha stated that Subhash tried to develop a relationship with Nirmala, which was not acceptable for the family members including Nirmala. On 13th February the accused Subhash was arrested.
During the investigation, the police recovered the broken jug and some broken glass pieces from the crime scene. From the crime spot, ASI Hansraj collected one cream color printed shawl, two pillows, one mattress, one-bed sheet, and one quilt were in a partially burnt condition and taken into custody.
Postmortem Report
Dr. Rohit conducted the post-mortem of Nirmala, on external examination the body was infected with dermo-epidermal burns present all over the body. The burnt area was 62% of the total body surface. The burns were antemortem and could be caused by chemicals. He opined that the cause of the death was because of septicemia consequent upon infected dermo-epidermal burns. He proved his statement in the report.
Forensic Report
They examined the collected glass pieces and jug in the Forensic Science Laboratory and the forensic report confirms that Sulfuric acid on the glass pieces. The said Sulfuric acid was also found on the blankets, bedsheets, pillows, and the brown shawl.
Judgement
Subhash convicted under Section 302 IPC for the murder of Nirmala.
For committing house trespass and simple injuries to Sarita, Nita, and Ache Lal, convicted under Section 452 and Section 324 IPC, rigorous imprisonment for seven years with fine Rs. 10,000/-.