KAMALJIT SINGH Vs. STATE

JUDGEMENT

(1.) By virtue of the judgment dated 20.10.1993, delivered by the learned Additional Sessions Judge in Sessions Case 67/1983 arising out of FIR No.355/1983 registered at police station Kingsway Camp under Section 302/109 IPC, the appellant has been found guilty for the offence punishable under Section 302 IPC, for having committed the murder of his wife Inderjit Kaur by setting her on fire after pouring kerosene oil on her. By a separate order on sentence passed on the same day, i. e., on 20.10.1993, the learned Additional Sessions Judge sentenced the appellant to imprisonment for life and also imposed a fine of Rs 2000/- for the offence punishable under Section 302 IPC. In default of payment of fine, the appellant was directed to suffer simple imprisonment for a period of six months. Aggrieved by the impugned judgment and order on sentence, both dated 20.10.1993, the appellant has filed the present appeal. At this juncture itself, it ought to be pointed out that initially, alongwith the appellant Kamaljit Singh, his mother Balbir Kaur was also charged of having committed an offence punishable under Section 302/34 IPC. Both of them pleaded not guilty and claimed trial. However, during the pendency of trial, Balbir Kaur passed away and the proceedings abated insofar as she was concerned. The trial continued in respect of the appellant Kamaljit Singh and ultimately resulted in his conviction, as indicated above.

(2.) The prosecution case is that the appellant Kamaljit Singh and the deceased Inderjit Kaur got married in 1975. Thereafter, the appellant started maltreating and harassing Inderjit Kaur and started making cash demands from her. The demands were being made from time to time for various articles, such as a fridge, television and cash amounting to Rs 5,000/-. Since Inderjit Kaur was unable to meet the demands, she was allegedly beaten and harassed from time to time. She even wrote letters to this effect, to her parents. These letters were addressed to her father being Exhibits P-1, P-2 and P-5. On 12.05.1983, between 9.00 to 9.30 p.m. approximately, the appellant is said to have had a quarrel with his wife Inderjit Kaur, in his house bearing No.E-279, Otram Lines, Delhi. Thereafter, the appellant Kamaljit Singh is said to have beaten her and dragged her by her hair from the kitchen to the bathroom, where he poured kerosene oil over her and set her ablaze. While this was happening, Kamaijit Singh's mother Balbir Kaur is said to have been present in the house, as also are two other boys, who were working with Kamaijit Singh. Kamaijit Singh, it is alleged, after setting his wife Inderjit Kaur on fire, ran away from the back door of the house. Kamaijit Singh's mother Balbir Kaur and the two other boys, who were present there, poured water over Inderjit Kaur. Thereafter, a taxi was called by persons who had gathered there and the injured . Inderjit Kaur was taken to LNJPN Hospital by PW-10 (Baldev Singh). Inderjit Kaur is said to have told PW-10 (Baldev Singh) that her husband, Kamaijit Singh, dragged her by her hair from the kitchen to the bathroom, poured kerosene oil over her and set her on fire.

(3.) The MLC (Exhibit-PW-7/A) indicates that the injured Inderjit Kaur was brought to the hospital on 12.05.1983 at 10.30 p.m. by Baldev Singh. The said MLC records the alleged history of the injured as "being burnt by husband after pouring kerosene oil". It also records that the history was given by the patient herself, who was conscious at that time. The MLC also indicates that the injured Inderjit Kaur was directed to be admitted in the burns ward for detailed examination and further management. As per Exhibit-PW-19/D, which is part of the case-sheet of the burns ward (Exhibit-PX-1), the statement given by the patient is as under:-