ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the order of the learned Additional Sessions Judge dated 21st of May 1985 by which he was convicted of an offence under section 302 of the Indian Penal Code and sentenced to imprisonment fur life.

(2.) The brief allegation against the appellant is that on 2nd o[ February 1984 in the kitchen of his premises No. C-495, J. Colony, Khiala, Delhi, lie sprinkled kerosene oil on his wife Pushpa Devi, deceased, and set her ablaze as a result of which she suffered hundred percent burn injuries resulting in her death on the same night. The deceased Pushpa was living in the aforesaid premises alongwith the sister of the appellant one Sila Devi, and appellant, her husband

(3.) The F.I.R. in this case is based on a statement of the deceased Pushpa Devi marked hx. Public Witness 3 A made to S.I Piara Singh, police station Tilak Nagar. SJ. Piara Singh Hsd gone to the Safdarjung Hospital where the deceased, was got admitted by the appellant. He came to the hospital pursuant to the D.D. report No. 59-B and was accompanied by conctable Sohan Bir Singh. On seeing the condition of the deceased he made an application to the doctor attending on her to state if the deceased was fit to make a statement. The doctor certified in the affirmative and thereafter she made the following statement before S.T. Piara Singh :