RAJIV Vs. STATE

JUDGEMENT

(1.) Impugned judgment dated 30th August, 1999, convicts Rajiv under Sections 304B and 498A of the Indian Penal Code, 1860 (IPC, for short). By order on sentence dated 31st August, 1999, Rajiv has been sentenced under section 304B IPC to imprisonment for life, fine of Rs.5,000/- and in default to undergo rigorous imprisonment for one year and under section 498A IPC to undergo rigorous imprisonment for one year. The sentences are to run concurrently and Section 428 of the Code of Criminal Procedure, 1973 (CrPC) would apply.

(2.) It is an accepted position that the wife of Rajiv, named Neelam had died an unnatural death on 13th August, 1996 at about 7.25 P.M. The death had taken place within 7 years of marriage as the marriage between Neelam and Rajiv, was solemnized on 23rd June, 1991.

(3.) As per the post mortem report (Ex.PW-12/A), deceased Neelam had third degree burns over her face, neck, chest, abdomen, upper limbs, back of chest and left thigh. Bone deep burns were present on the right thigh, both legs and feet. Left foot had separated from the lower leg due to burns on the leg bones. Smell of kerosene was present in the scalp hair and cloth pieces. No other external injury was visible on the body. The said report was proved by Dr. K. Goel (PW-12), who had conducted the post-mortem on 15th August, 1996. He opined that the burn injuries were ante mortem in nature and the entire or 100% of the body surface was burnt. In his cross-examination, PW-12 again affirmed that smell of kerosene was present in the scalp hair and cloth pieces, which were sent for chemical analysis.