SANJIV KUMAR Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 09.01.1997 in terms of which the appellant has been convicted for the offence punishable under Section 302 IPC and also the order on sentence dated 10.01.1997 in terms of which the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 3,000/ -in default of payment of which to undergo RI for further period of six months.

(2.) BRIEFLY put the case of the prosecution is that on 10.04.1993 at around 10.30 a.m. at 184, Widow Colony, Punjabi Bagh, the appellant set Ms. Krishna (deceased) ablaze after pouring kerosene oil on her and fled away. Constable Y. Mohan Rao, PW12 was passing through the place of occurrence. On hearing the cries of the deceased, he rushed to the spot and found her in a badly burnt condition. He immediately took the deceased to ESI Hospital, Raja Garden in a TSR, where she was examined by Dr. H.M. Sidharth, PW17, who is stated to have prepared her MLC Ex.PW17/A. The deceased is stated to have told the doctor while giving her history that she was set on fire by her husband Sanjiv Kumar. On examination, the deceased was found to be conscious and she had sustained 100% superficial to deep burns. Thus, she was referred to Dr. P. Senapati, who referred her for admission to Surgical Casualty Ward for further treatment.

(3.) THE ACP, Inspector Surender Kumar, SHO -PW16 and Inspector Harpal Singh -PW15 also reached at the hospital. Inspector Harpal Singh had on an earlier date arrested the appellant in a case FIR No. 64/93 under Section 408 IPC of P.S. Punjabi Bagh with the assistance of deceased Krishna. He identified the deceased in the hospital and informed that she was Krishna, wife of Sanjiv (appellant) who was arrested by him in the earlier case.