KRISHAN KUMAR ALIAS PAMMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant Krishan Kumar Pamma was tried for and convicted d of the offence under Section 302 Indian Penal Code for causing the death of Rani, wife of rarnswarup, by setting her on fire. In appeal the High court affirmed his conviction and aggrieved thereby he has filed this appeal after obtaining special leave.

(2.) According to the prosecution case Rani was married to Rarnswarup of ferozepur five years prior to her death but within two years of the marriage, he deserted her. Since then she was living with her mother in Himmatpura colony of Ambala Cantonment. While staying there, she developed an illicit relationship with the applicant. On 2/3/1985, she found the appellant in the company of another girl, and getting enraged thereby she abused him filthily.

(3.) On the same night at or about 11.30 p. m. , the appellant came to the house of the deceased with a bottle of kerosene and after sprinkling the oil on her body and setting her on fire, made good his escape. On hearing the shrieks of the deceased, her sister who lived nearby and some other neighbours came to her rescue. She was immediately removed to the Civil hospital by her sister Janki Devi and there she was attended to by Dr narinder Pal Jindal (Public witness 5 at or about 2 a. m. An information about the admission of the deceased in the hospital was sent by the doctor to the police station and on receipt of the same, ASI Darshan Singh (Public witness 7 went there. He sought permission of Dr Jindal to examine the deceased; and after he formally gave an opinion (Ext. PG/1 that she was conscious and in a fit state of mind to make a statement, recorded her statement (Ext. PH) which reads as under: