SURENDER SINGH Vs. STATE

JUDGEMENT

(1.) Surender Singh, appellant herein, was found guilty of the offence of murdering his wife Amra alias Urmila en 7th July, 1984 and was sentenced to undergo imprisonment for life. By this appeal the appellant has challenged the impugned judgment dated the 7th October, 1986 and the order of sentence passed on 10th October, 1986.

(2.) The prosecution case was that the offence was committed by the appellant on the said date at his residence, namely, House No. 3/95, Khichripur, Delhi. There is no eye witness to the occurrence. The pivot of the prosecution case is the declaration made by Urmila to the doctor in the casualty ward of Lok Nayak Jai Prakash Narain Hospital, Delhi at the time of admission. Medico Legal Certificate pertaining to the deceased has been exhibited as Ex. Public Witness . 11/A. It appears from that certificate that Urmila was brought to the hospital by her husband Surender on 7th July, 1984 at 11.30 p.m. At that time Dr.Sanjay Gupta (P.W. 11) and another Doctor Rajesh Sethi were on duty in the casualty ward. Urmila, who was fully conscious and well oriented at the time of examination, told Dr. Gupta that she had been burnt by her husband after he had poured kerosene oil on her. Her statement as recorded in the Medico Legal Certificate is to the following effect :-

(3.) The above statement has been construed by the trial court as a dying declaration. Coupled with this declaration a few circumstances have led the court to come to the conclusion that it was the appellant who had committed the murder of his wife. In paragraph 12 of the impugned judgment the circumstances which were considered to be vital have been summarised. It is useful to quote that paragraph :-