ROSHAN LAL Vs. STATE

JUDGEMENT

(1.) Shri T.S. Oberoi, Additional Sessions Judge convicted and sentenced the appellant to imprisonment for life by separate orders dated 14th Aug. 1981 and 17th Aug. 1981, last being the quantum of sentence. The appellant has made a grievance against his conviction and sentence.

(2.) To begin with, the incident is dated 3rd April, 1980 and has taken place at 5.30 A.M. Place of incident is Servant's Quarter No.A-6. JPN Hospital, New Delhi. It is two-room tenement with a common bathroom. The deceased is one Krishna Devi wife of the appellant, Roshan Lal. They were married in June 1979. On the relevant date the deceased along with her husband (appellant) were admittedly living in one of these rooms while the other room was admittedly under the occupancy of a tenant, namely, one Rajan. The deceased had returned to her husband's quarter (in) the company of her mother on 2nd April, 1980 afternoon after having spent about 25 days in the house of her parents. F.I.R. in the case is based on the statement marked PW-1/A of a neighbour PW-1, Mrs. Janak which was recorded soon after the incident on spot by S.I. Raghbir Singh PW-19. The appellant, Roshan Lal had been allotted this quarter as he was serving as a Nursing Orderly in the Hospital.

(3.) In fact, police was set in motion on information which was given by one Satish Chand Sharma, PW-3, who had gone to the Police Station and had informed that a lady had burnt in one of the quarters of J.P.N. Hospital. D.D. report in this regard is marked as Ex.P.W.3/DB. It was in pursuance of this report that the investigating agency was set in motion and PW-19, S.I. Raghbir Singh, Investigating Officer, assisted by S.I. Balbir Singh, who had partly investigated this case proceeded on spot. After recording the statement of Mrs. Janak it was despatched at 7.05 AM to the Police Station while a formal F.I.R was registered at 7.15 A.M. The statement exhibit PW-1/A is to this effect :-