PREM KUMAR Vs. THE STATE (DELHI ADMN.)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 29.11.1996 convicting the appellant in case FIR No. 147/89, P.S. Okhla Industrial Area under Section 302 IPC for the murder of his wife Sushila and the consequent order on sentence in terms of which the appellant was sentenced to undergo imprisonment for life.

(2.) BRIEFLY stated, the case of prosecution is that on 19.7.1989, Ms. Sushila (hereinafter referred to as deceased), resident of House No. 1, Gali No. 9, Ratia Marg, Sangam Vihar, New Delhi was admitted in Safdarjung Hospital by Joginder Singh, Head Constable with burn injuries. She was examined by Dr. Devansh Sharma, PW18. She is stated to have herself given the history of her burn injuries to the doctor that while she was sitting in the house with her child, her husband Prem Kumar Shukla (appellant) came from outside, poured kerosene on her and lit her with a match box. The doctor prepared the MLC Ex.PW8/A wherein he observed that the patient was conscious and coherent, she was responding to oral command, pulse could not be palpitated, B.P. could not be recorded, heart rate was 120 per minute and there were 100% deep burns all over the body. The doctor also observed that the patient was in shock and the nature of injury was grievous, caused by fire.

(3.) S .I. Sita Ram visited the spot of occurrence; he prepared the rough site plan Ex.PW20/C and got the spot photographed from various angles. The photographs are Exs.PW2/A1 to A3. S.I. Sita Ram found burnt clothes smelling of kerosene oil, two kerosene oil stoves with oil in their tanks, a kerosene oil lamp, a plastic can containing small quantity of kerosene oil and a match box, which were taken into possession. The deceased died on the same night. Inquest proceedings were conducted under Section 174 Cr.P.C. The body was sent for post mortem. I.O. obtained the post mortem report. During investigation, statement of the father of the deceased PW9 Paras Nath was recorded. A letter Ex.PW9/A stated to have been sent by the deceased to her father was also seized. We may note that intimation regarding admission of the deceased in the hospital was sent to the SDM by the SHO, Inspector Bhag Singh, PW21 requesting him to visit the hospital and record the dying declaration of the deceased. SDM Shri N.K. Sharma, PW10, reached at the hospital and requested the doctor to permit him to record the dying declaration of the deceased, when he was informed that the deceased had already expired. On conclusion of investigation, the challan was filed against the appellant. The appellant was charged for having committed the offence punishable under Section 302 IPC to which he pleaded not guilty and claimed trial.