SARWAN KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure preferred against the judgment dated 27th November, 2000 passed in S.C. No. 69/1999 by the Additional Sessions Judge convicting the appellant under Section 302 of the Indian Penal Code, in case registered vide FIR No. 429/ 1999, Police Station Nand Nagri. By an order of sentence of the same date, the Additional Sessions Judge sentenced the appellant to life imprisonment and a fine of Rs. 3,000/- under Section 302 of the IPC and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) The case of the prosecution, in brief, is that the appellant on 7th July, 1999, poured kerosene oil on his wife Rajni and set her on fire. The appellant got married to Rajni three months prior to the date of incident. Rajni sustained nearly 95% burns and was rushed to the Guru Teg Bahadur Hospital by her mother-in-law. On admission, she was found unfit for statement. However, on 8th July, 1999, the Sub-Divisional Magistrate on being informed by the Investigating Officer that Rajni was in a fit state to give statement, had proceeded to the Hospital and recorded her statement after the Doctor at Guru Teg Bahadur Hospital had certified her as 'fit' to make statement. At about 5.35 to 5.40 p.m., the statement was recorded by the SDM in his own hand.

(3.) In the event, Smt. Rajni expired on 12th July, 1999. A postmortem was done and an inquest was conducted.