MALIK SHARIEF-UD-DIN Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant Kishan Lal was charged under section 302 Indian Penal Code by the Additional Sessions Judge and was convicted and sentenced to undergo imprisonment for life. A fine of Rs. 1000/- was also imposed, in default of payment of which the appellant was to suffer a further rigorous imprisonment for six months.

(2.) At about 10.15 p.m. on 17.6.1980 an information is received at Police Station, Tilak Nagar through telephone from Willingdon Hospital that the deceased Sushma Devi, wife of the appellant has been admitted by the appellant to the hospital in a burnt condition.

(3.) Om Parkash 5.1. Tilak Nagar P.W. 21 goes to the hospital. The deceased Sushma Devi at that time was declared not fit to make a statement. He then goes to the scene of incident and after inspection of the scene made arrangements for securing the same. There after he again goes to the hospital where he met some relations of the deceased and recorded their statements in the presence of S.H.O. He made an endorsement that the inspection of the scene of incident and the aforesaid statements of relatives of the deceased disclose the commission of offence under section 309 Indian Penal Code. On this basis he requested for registration of a case under section 309 Indian Penal Code. This report went at 3.30 a.m. on 18.6.1980. A case under section 309 Indian Penal Code was registered at 4.25 a.m. on 18.6.1980.