JAI KARAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) In this appeal filed by the accused Jai Karan the judgment of the learned Additional Sessions Judge, Delhi in Sessions case No. 16/91 holding him guilty of the charge under Section 302, IPC for the murder of his wife Wanti Devi (hereinafter referred to as 'deceased') and the order sentencing him to R.I. for life which was confirmed by the High Court of Delhi in Criminal Appeal No. 91/94, is under challenge.

(2.) The genesis of the case is that the relationship between the appellant and the deceased was not cordial. The deceased had gone to the Court with a claim for maintenance against the appellant. On the intervention of their relations and well-wishers the differences were patched-up and she withdrew the case. Thereafter the deceased returned to her marital home and started living with the appellant. This happened about 7-8 months before the fateful incident.

(3.) On the intervening night of 25/26-9-90 the deceased was admitted to the Jai Prakash Narain Hospital, Delhi (LNJPN) with extensive burn injuries on her body. On being informed about it by the duty constable, S.I. Baltej Singh (PW 19) arrived at the hospital and obtained the medico-legal certificate of the deceased in which it was stated inter alia that the story given by the patient was to the effect that she was burnt by her husband by pouring kerosene oil after a fight between the two. On such information a formal FIR under Section 307, IPC was registered. Later in the day at about 9.45 a.m. on receiving the information that Wanti Devi expired at 8.35 a.m. the case was converted into one under Section 302, IPC. After investigation charge-sheet under Section 302, IPC was filed against the appellant.