(1.) APPELLANT Kamlesh has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life, also to pay fine of Rs. 5000/ -, in default of payment of fine to undergo simple imprisonment for six months, for having committed murder of his wife Mithlesh by setting her ablaze after pouring kerosene oil.
(2.) BRIEFLY stated, case of the prosecution is that on 16.05.2004, ASI Jal Singh (PW10) was on duty at the PCR van in the area of Mundka along with Constable Surya Kant (PW11) and driver Constable Satbir. Around 9.20 PM, he received a call from someone informing that his wife had set herself ablaze with kerosene oil at Mangal Bazar Road, Swarn Park, Delhi. He immediately proceeded to the spot of occurrence and also conveyed the information to the Police Station, on basis of which, DD No. 36B is stated to have been recorded at Police Station Nangloi at 9.25 PM.
(3.) SI Jagminder Singh summoned ASI Jal Singh (PW10) and recorded his statement Ex.PW10/A. ASI Jal Singh in his statement Ex.PW10/A narrated that on reaching near Kakkar General Store, Mangal Bazar, he saw injured Mithlesh running around in the burnt condition on the road. He immediately transferred her to the PCR van and took her to SGM Hospital. On the way when he enquired about the cause of the burn injuries, the injured told that she had been set on fire by her husband and when he asked for the reason as to why her husband had done so, she stated she will tell the reason after gaining consciousness. SI Jagminder Singh endorsed the statement Ex.PW10/A of ASI Jal Singh and sent it to the Police Station for registration of the case under Sections 498A/307 IPC. FIR was, accordingly, registered by the Duty Officer.