SURESH Vs. STATE

JUDGEMENT

(1.) The appellant challenges his conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life and a fine of Rs.500/- imposed upon him vide orders dated 21.10.1998 and 24.10.1998 respectively by learned additional Sessions Judge, Delhi. According to the prosecution, on 6.3.1997 at about 9.25 p.m., the appellant poured kerosene oil on his wife Kamlesh and put her on fire as a result of which, she sustained burn injuries and succumbed on 8.3.1997.

(2.) A charge under Section 302 IPC was framed against the appellant to which he pleaded not guilty and claimed trial.

(3.) In support of its case, prosecution examined PW-1 Ramji Lal Gupta, a neighbour of the appellant, who was one of the first persons to reach the spot and who found deceased Kamlesh in a badly burnt condition crying in pain. She was saying that her husband had burnt her. He informed the Police and with the help of Police Control Room staff, removed her to Jai Prakash Narain Hospital. PW-2 Geeta, daughter of the appellant, aged about five years, did not support the prosecution case and stated that her mother had died by committing suicide and the appellant had not burnt her. PW-3 is a Police photographer. He proved on record the photographs of the spot as well as their negatives. PW-4 Head Constable Mohd. Anis Khan deposed that on 6.3.1997, he was in-charge of the Police Control Room Van. At about 9.15 p.m. on receipt of a call, he had gone to the spot and removed the deceased to Jai Prakash Narain Hospital in a burnt condition. He also stated that the deceased was crying that she had been burnt by her husband.