GOKAL Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 22. 03. 2001, the appellant has been convicted for the offence of having murdered Rekha (herein after referred to as the "deceased" ).

(2.) CASE of the prosecution is that the appellant and the deceased were residing as husband and wife, as tenants, in a single room on the second floor in a building owned by Shashi PW-1 who lived on the ground floor of the building and that on 13. 11. 1998, the appellant poured kerosene oil on the deceased and set her on fire. Shashi heard voices that the deceased had been burnt and she moved upstairs. She saw the appellant coming down. On seeing Shashi, the appellant stopped his forward movement and returned upstairs. The deceased was found on the floor in a burnt condition. Shashi and the appellant removed the deceased to G. T. B. Hospital where dr. R. Dayal PW-10 recorded her MLC Ex. PW-10/a on which he noted the history of the alleged burn as under:-

(3.) TO put it in a nutshell, the incriminating evidence sought to be proved by the prosecution, to bring home the guilt of the appellant, was:-