RANBIR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal 521 of 1999 seeks to challenge the judgment dated 30.08.1999 and order dated 31.08.1999 of the Additional Sessions Judge, Delhi in Sessions Case No.16/1998 arising out of F.I.R. No.577/1997, Police Station, Jahangir Puri, whereby the learned Judge vide his judgment has held the appellant guilty for an offence under Section 302 IPC and further by a separate order has sentenced the appellant to undergo imprisonment for life with a fine of Rs.500/- (five hundred) and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 302 IPC for the murder of his wife, Jaishree.

(2.) Brief facts of the case as have been noted by the Additional Sessions Judge are that on 30.10.1997, the Investigating Officer in presence of Doctor recorded the statement of deceased, Jaishree @ Jaya, on the basis of which statement, F.I.R., Exhibit PW-3/C was registered. In the dying declaration, Exhibit PW-3/A, Jaishree stated that her husband, Ranbir who has been residing with her at House No. E-834, Jahangir Puri as tenant for nearly two to two-and-a-half months demanded money for buying liquor. On Jaishree's refusal to give money, Ranbir poured kerosene oil on her and set her ablaze. Thereafter he escaped from the house. According to Jaishree, the incident took place at 9.00 a.m. In her statement she states that she is in her sense and has made a statement without any pressure. Shortly thereafter Jaishree succumbed to her injuries. The investigative machinery was put into motion and upon completion of the investigation challan was filed against the appellant under Section 302 IPC.

(3.) The Prosecution in order to establish the case examined as many as 19 witnesses. Of these, PW-1, Anil Sharma, is the photographer, while PW-2 is Asha, who identifies the dead body of her deceased daughter, Jaishree. PW- 3, ASI Har Prasad, is the Investigating Officer who recorded the statement of the injured and proceeded to investigate the case. PW-4 is Sunil Kumar who is the landlord. He came to the place of incident after hearing commotion of a quarrel taking place in the house of the deceased. The witness deposes to the effect that on 30.10.1997, he heard quarrel between the accused and his wife and saw the accused, Ranbir pouring kerosene oil on his wife Jaishree and setting her ablaze. He tried to apprehend the accused who managed to escape. When he came back to the spot he along with other persons in the gali doused the flames. Somebody informed the Police. The Police came and took the deceased to the hospital. He remained with the Police after the incident. The same day, at 8.00 p.m., the accused was seen near the market and on this witness's information the accused was arrested. In cross-examination it was sought to be elicited from this witness that at the relevant time, accused was not present in the house and that the deceased had bolted the door from inside and set herself ablaze.