SHAILENDER Vs. STATE OF DELHI

JUDGEMENT

(1.) CHARGED for having poured kerosene oil on his wife and thereafter setting her on fire in the matrimonial home at the mid -night of the intervening night of 22nd and 23rd April, 2008, thereby causing the death of his wife, vide impugned judgment dated September 06, 2010 the appellant has been convicted for the offence punishable under Section 302 IPC and vide order on sentence dated September 15, 2010 has been sentenced to undergo imprisonment for life and pay fine in sum of Rs.10,000/ -; in default of payment of fine to undergo SI for six months.

(2.) TO establish its case the prosecution has led evidence of an eye witness Manish Kumar PW -3, the son of the appellant and the deceased. Three dying declarations, first made to Suresh Kumar PW -1, the father of the deceased; the second made to Dr.Rashmi Bhardwaj PW -8 who recorded the MLC Ex.PW -8/A of the deceased; and the third being the statement Ex.PW -26/A made by the deceased to ASI Rajpal Singh PW -26 on basis whereof the FIR was registered, were pressed into aid and have been proved.

(3.) IN the meanwhile, Manju, the wife of the appellant had been removed to Lok Nayak Jai Prakash Narayan Hospital by her father in an ambulance driven by Y.K.Jain PW -14. As recorded in the MLC Ex.PW -8/A, Manju was admitted in the casualty at 01:10 hours on April 23, 2008. She was conscious and oriented. Her pulse was 100 per minute. Dr.Rashmi Bhardwaj PW -8 examined her and noted that the patient was conscious as well as oriented and told her that her husband had set her on fire after putting kerosene over her at their residence.