STATE OF PUNJAB Vs. NARINDER KUMAR

JUDGEMENT

(1.) This appeal is directed against the order of Sessions Judge, Gurdaspur, dated 24-3-1986, whereby Narinder Kumar accused was acquitted of the charge under S. 302 of the Indian Penal Code for committing the murder of his wife Suman.

(2.) In brief facts relevant for the disposal of this case are that Suman deceased was married to the accused about three months prior to the present occurrence at Gurdaspur. Suman was earlier once married and her marriage with Narinder Kumar accused was her second marriage. Her daughter Jiwan Jyoti was born to her during her first wedlock. On 27-4-1985, at about 12.30 P.M. the deceased was cooking rice in the Kitchen on the first floor of the house. Meanwhile her husband Narinder Kumar accused sprinkled kerosene oil on her and set her ablaze and succeeded in running away. The occurrence was witnessed by Jiwan Jyoti daughter of the deceased. One of the neighbours went and informed Varinder Kumar brotherof the deceased who along with his wife Asha Rani removed Suman in injured condition to the hospital. On receipt of information from the doctor about admission of Suman with burn injuries on her person in Civil Hospital, Gurdaspur, ASI Santokh Singh went and recorded the statement of Suman deceased and on its basis formal F.I.R. was subsequently registered at the Police Station. Suman died at about 7 P.M, on that evening and offence was converted to one under Section 302 of the Indian Penal Code.

(3.) Dr. S.C. Sharad who conducted post-mortem examination on the dead body of Suman on the next day of the occurrence at about 12.05 P.M. found superficial to deep burns on the whole of the body except left foot, lower third of front of left leg, right foot, middle and lower third of right leg, right side of the face and forehead. Long heir of the deceased were partially burnt. According to the opinion of the doctor, the cause of death was due to burns leading to shock. The doctor further opined that the burns were ante-mortem and sufficient to cause death in the ordinary course of nature. After completion of the investigation, the accused was challaned, tried and acquitted by the trial Court. Aggrieved against the order of acquittal passed by the learned trial Corut, the State has filed the present appeal.