SUSHIL KUMAR Vs. STATE

JUDGEMENT

(1.) This judgment shall decide the above noted Criminal Appeal preferred by the appellant under Sec. 389 of the Code of Criminal Procedure, 1973 ["Cr.P.C."] assailing the judgment dated 02. 03.2002 convicting him for committing an offence under Sec. 302 Indian Penal Code, 1860 ["IPC"] followed by the order on sentence dtd. 18/3/2002 passed by the learned Additional Sessions Judge, New Delhi (hereinafter referred as the 'trial Court'), whereby the appellant has been sentenced to undergo imprisonment for life with a fine of Rs.3,000.00and in default of payment of fine, to undergo Simple Imprisonment for a period of one month.

(2.) In short, the appellant was married to the victim, Anita Rani, on 7/3/1991. He was primarily charged for committing an offence under Sec. 302 of the IPC for allegedly dousing the victim with kerosene oil, using two makeshift kerosene lamps, setting her ablaze on 5/7/1998 at approximately 5:00 PM and fleeing the site through the back/rear exit of their house no. RZ-B-80, Old Roshan Pura, Najafgarh, Delhi, as a result of which she sustained burn injuries and eventually succumbed to the same after 48 days on 24/8/1998.

(3.) The prosecution case is that on 5/7/1998, PW-17/SI Sub Inspector Jaggu Ram, the Investigating Officer ["IO"] received DD Daily Diary No. 26A Ex. PW-17/A at 18:05 hours to the effect that one Anita w/o Sunil R/o House No. 103, Old Roshan Pura, Najafgarh was admitted in PHC Primary Health Centre with 60% burns and on reaching PHC, Najafgarh alongwith PW- 12/Constable Naresh, they were informed that the injured had been shifted to Safdarjung Hospital, New Delhi. Upon that, PW17/SI Jaggu Ram reached Safdarjung Hospital, where he found the victim Anita admitted therein with deep burn injuries to the extent of 35%. The IO/PW-17 Jaggu Ram took into possession, MLC Medico-Legal Case Ex.PW-16/A prepared by PW-16 Dr. Parag Neyog, wherein the victim purportedly stated that her husband set her ablaze after pouring kerosene upon her. Upon the attending PW-14 Dr. Rajeev Rajput certifying that the patient/victim was "fit for giving statement" vide opinion Ex.PW-14/A, PW-17/SI Jaggu Ram recorded the statement of the victim Ex.PW-17/B, which goes as under:-