SURAJ CHAUHAN @ BITTOO Vs. STATE

JUDGEMENT

(1.) Suraj Chauhan @ Bittoo by the impugned judgment dated 18 th October, 2011, in FIR No. 191/2008, P.S. Vasant Vihar, stands convicted under Section 302 of Indian Penal Code 1860 (IPC) for murder of his wife Pooja on 30 th July, 2008.

(2.) Prosecution alleges that the appellant had poured kerosene oil on Pooja and burnt her in their residence in Village Basant, New Delhi.

(3.) There is no eye-witness and the prosecution's case is primarily based upon dying declarations of Pooja. These declarations were made to Head Constable P. Tiwari (PW-19), who had taken the victim to the hospital along with the appellant, and Surender Kumar (PW-4), the Executive Magistrate, who had recorded the dying declaration in the hospital, on 1 st August, 2008. The prosecution also relies upon statement of Pooja, as recorded in the MLC Ex. PW-6/A, wherein it is mentioned that Pooja was admitted with history of burns, when her husband poured kerosene oil over her and set her on fire, after a quarrel.