RAJENDRA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant married one Asha Devi in 1976. He used to beat his wife off and on and was threatening to throw acid on her face. Once he tied a Dhoti in her neck and hanged her. When her tongue protruded out, he put her down. On 17-10-1979 she requested him to get fuel wood from the Tand (rack) so that she could cook food for the family. He refused to do so. She had herself taken the wood and started preparing food in the oven at about 8.00 AM. apparently being annoyed with the delay in the preparation of the food he took a burning piece of wood and touched her cheek with it. He took her to the adjoining room and poured kerosene oil over her and set her on fire. He also prevented her from running out of the room whereby he incurred burn injuries in some parts of her body. She ran out when her brother-in-law extinguished the fire by placing a blanket around her and tearing the saree. Her mother-in-law wrapped her with a wet cloth to extinguish the fire. She was taken to the hospital for treatment as she had received burn injuries to the extent of 95%. She died on 18-10-1979. Her father had given a complaint to the police on 17-10-1979. Four statements were made by her which were treated as dying declarations. The first was to her father soon after the incident, the second was to the Investigating Officer on the next day, the third was to the Magistrate on 18-10-1979 and the fourth was to her mother when she was in the hospital.

(2.) The above was the prosecution case. The appellant denied the same and contended that his wife sustained burn injuries while cooking and when he tried to extinguish the fire, he also sustained injuries. According to him, he took her to the hospital along with the other members of the family.

(3.) The Court of Session found that the appellant was guilty, convicted him under Section 302, IPC and sentenced him to imprisonment for life. On appeal, the High Court of Allahabad confirmed the conviction and sentence. This appeal has been preferred by the appellant on obtaining Special Leave.