GURPREET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the conviction and sentence of Gurpreet Singh, aged 40 years, for allegedly causing the death of his own wife by setting her on fire ordered by the learned Additional Sessions Judge, Gurgaon.

(2.) THE appellant Gurpreet Singh was employed in the Indian Air Force and was posted in Maharashtra. Kalpna deceased was a Nurse in a Military hospital. They had a love marriage about 11 years ago. Gurpreet Singh left his job from the Indian Air Force and joined as Assistant Vigilance Officer in Maruti Udyog in a Section known as Bharat Seats. They had a son Sundeep. They lived in House No. C-2-113/4, D.L.F. Phase I, Qutab Enclave, Gurgaon.

(3.) AROUND 11 or 11.30 O'clock of the night of 13/14.2.1994, there was some sound of shrieks/cries from the house of Gurpreet Singh appellant who is known as Gurpreet Singh Ahluwalia. Ashok Mazumdar, PW.1, a businessman who was living in House No. 113/3-2-2, D.L.F. Colony, Phase I, Gurgaon, got up from sleep and saw from the window that the smoke was emitting from the said apartment and he noticed the appellant and his servant to be present over there. He telephoned the police as well as the fire brigade. Sub Inspector Bir Singh, PW.5, on receipt of the wireless message from Police Station Sadar, Gurgaon reached the spot located in the area of Silver Oak Apartments, Qutab Enclave. The Sub Inspector found the appellant-accused sitting in his room while the victim Kalpna lying in burnt condition in another room. The two rooms were burnt but the room in which the appellant-accused was sitting was not having marks of burns. The presence of the accused on the place of occurrence and his conduct that he did not explain how the occurrence took place led to the inference that he and none else had a hand in the crime. The Sub Inspector despatched a ruqa that Kalpna had been murdered by setting her on fire on the basis of which formal FIR Ex.PG/1 was recorded by SI Devinder Singh.