ATTRO DEVI Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this Appeal is to the order of conviction dated 08.10.1997 and Order of sentence dated 14.10.1997, of learned Additional Sessions Judge whereby the Appellant was convicted for committing offence under Section 302 IPC and was sentenced to undergo life imprisonment with a fine of Rs.300/-.

(2.) APPELLANT Attro Devi became a widow at a very young age. She used to reside at A-3/367, Sultanpuri. Anup Singh (since deceased) took a fancy to the Appellant; both developed intimate relations and started residing together without formal marriage. Anup Singh's relations had no objection to this arrangement between the two.

(3.) ON receipt of DD No.29A (Ex.PW8/A) at about 8:50 P.M. police of PS Sultanpuri came into motion and reached RML hospital where the victim was found unfit to make the statement. On 15.05.1992 on being declared fit IO D.D.Kalshan recorded his statement in the presence of Manjit Singh (PW-4) and Jai Karan Singh (PW-5). Anup Singh disclosed that he had visited the Appellant's house on 14.05.1992 at about 5:00 P.M., given her Rs.2,500/- towards domestic expenses and had consumed liquor. The Appellant demanded more money and when he expressed inability to pay more, she quarreled with him and in a fit of rage, set him on fire by pouring kerosene oil from the plastic can lying in the room at about 8:30 P.M.