K J JOHN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th May, 1997 and Order on Sentence dated 13th May, 1997, whereby the appellant was convicted under Section 302 of the Indian Penal Code, for committing murder of his wife Smt. Krishna and was sentenced to imprisonment for life and to pay a fine of '2,000/- or to undergo rigorous imprisonment for six months in default.

(2.) On 18th December, 1994, deceased Smt. Krishna was brought to J.P.N. Hospital in a PCR van. She had burn injuries on her face, neck, both upper limbs, abdomen, trunk, back and both thighs. ASI Bhim Singh, who reached the hospital on coming to know of the deceased having been taken there, visited her in the ward. It was opined by the doctor that she was fit for statement at that time. He, therefore, recorded her statement in the hospital, in the presence of the doctor. She told him that she had four daughters and since she had no son, her husband used to quarrel with her on this issue. She further stated that in the morning she got ready to go the church. Her husband K.J. John, however, asked her not to go to the church. When she insisted, he poured kerosene on her from the stove, and lit the fire, using a matchstick for the purpose. Raising alarm, she came out of the room and fell on the ground. Her husband poured water on her. A number of persons from the locality gathered there and someone informed the police. She then was brought to the hospital by PCR van. Initially, the FIR was registered under Section 307 of the Indian Penal Code. Since the deceased succumbed to the burn injuries sustained by her, the FIR was converted under section 302 of the Indian Penal Code on 19th December 1994.

(3.) During the course of trial, the prosecution examined 18 witnesses in support of his case. No witness was examined in defence. The main evidence against the appellant is the testimony of his own daughter Josy, who had witnessed the incident, and the dying declaration made by the deceased to ASI Bhim Singh.