SURINDER KUMAR Vs. STATE DELHI ADMINISTRATION DELHI

JUDGEMENT

(1.) In this Appeal by Special Leave against the judgment of the High Court of Delhi in Criminal Appeal No. 169 of 1982 the appellant Surinder Kumar challenges his conviction under S. 302, I.P.C. and the sentence of life imprisonment and fine of Rs. 500/- in default of payment R.I. for 3 months, awarded therefor. The appellant has been found guilty of having committed the murder of his wife Chander Kanta by pouring kerosene over her and setting fire to her at about 7.10 A.M. on 7-10-1979, in a oneroom apartment in house No. B.5/165, Paschim Vihar in New Delhi occupied by them. The conviction and sentence awarded by the Sessions Judge have been confirmed by the High Court, and hence this Appeal by Special Leave.

(2.) The appellant who had married Chander Kanta on 26-11-1978 was ill treating her because she had not brought adequate dowry and cash from her parent's house. As per Chander Kanta's statement the appellant was addicted to drinking and gambling.

(3.) On the day of occurrence P.W. 3 Sardar Gurbax Singh, the landlord of the house heard the cries of Chander Kanta and rushed out of his room adjoining the tenanted portion. He saw Chander Kanta lying engulfed in flames in the verandah adjoining the leased portion. He rushed to the verandah and along with the appellant who was also there he put out the flames. The appellant took Chander Kanta in a taxi to the Ram Manohar Lohia Hospital (previously known as Willingdon Hospital). Chander Kanta was examined by P.W. 7 Dr. Sharma and admitted in the Hospital. Intimation was sent to the Police Station about the admission of Chander Kanta in the Hospital. At 1.10 A.M. P.W. 4 Dr. Surinder Singh certified that Chander Kanta was fit enough to make a statement. P.W. 22 Om Prakash S.I. of Police recorded a statement Exhibit P.W. 1/A from Chandra Kanta in the presence of P.W. 4 Dr. Surinder Singh, P.W. 16 Dr. J. C. Parida and P.W. I Gulam Chand. On the basis of Exhibit P.W. 1/A, a case was registered against the appellant, under S. 307, I.P.C. Chander Kanta died on 25-10-1979 due to septicemia caused by burn injuries and thereafter the case was altered into one under S. 302, I.P.C.