DEEP CHAND Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) -This appeal is directed against an order of the learned Addl. Sessions Judge, Delhi, dated 15th April 1982 convicting the appellant under section 302 Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) We may first of all take notice of the facts. The date of incident is 17th April 1981 at 11.30 P.M. The accused in the case is the husband of the deceased, one Meena who bailed from Agra and was married to the accused about 4 years prior to the date of the incident. The place of incident. The place of incident is house No. 16/134, Paba Nagar, Karol Bagh.New Delhi. The deceased along with her husband, the present appellant was residing in this house for some time back. The alleged motive for the commission of the crime is that the deceased Meena was suspecting the appellant of having an affair with some other lady and was aggrieved of the behaviour of the appellant as he was unfaithful to her. Yet another motive to do away with the deceased was that she was not bearing any child. The appellant as such was tried for having caused the death of his wife, deceased Meena in their afore-mentioned house at 11.30 P M. on the night of 17th April 1981 by pouring kerosene oil on her and thereafter setting her ablaze and that too while she was lying inside the room. It is further alleged that a candle stick was used for setting her ablaze. On spot verification the candle stick was found and kerosene oil was found spilt over the foor of the room.

(3.) At about I A.M. on the night of 17/18 4 1981 she was admitted to Safdarjang hospital by the appellant and one Rajinder Singh who was cited as Public Witness 7 in the case. She had suffered extensive burn injuries. Immediately on arrival in the hospital she is stated to have made a dying declaration before PW 2 Dr. A.K. Sahoo, then Casualty Medical Officer who first attended on her. The declaration is to the effect that she sustained these burn injuries when her husband Deep Chand poured kerosene oil on her and burnt her inside the room at 11.30 PM. on 17.41981. The appellant Deep Chand immediately on this declaration having been made by the deceased was detained in the hospital by Public Witness 2 Dr. A K. Sahoo. The deceased was found to have sustained 100% burns.