ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant preferred the present appeal aggrieved against the judgment of conviction and order of sentence dated 14.01.2009 and 15.01.2009 respectively passed by the learned Sessions Judge, Narnaul, whereby he was convicted for an offence punishable under Section 302 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- for culpable homicide amounting to murder of his wife Smt. Suman.

(2.) The prosecution case was set in motion on the statement of Suman (since deceased) wife of Anil Kumar - appellant made to ASI Ganesi Lal, who reached Civil Hospital, Nangal Chaudhary on receiving a telephonic call regarding admission of Suman in burnt condition, on 14.11.2007 at about 7.45 PM. In her statement (Ex.PC), Suman stated that today afternoon i.e. 14.11.2007, when she was grinding the grain, her husband Anil Kumar told her that she eats by stealing things from home. While saying so, her husband hit her with chappal and then picked up a sword. Thereafter, her husband poured kerosene oil on her and sat her ablaze. At that time, there was nobody else in the home except him. On her raising alarm, men and women from the neighbourhood came. The men from neighbourhood doused the fire. She further stated that she had been put on fire by her husband and that she is pregnant carrying a 7 months' child. On the basis of such statement, ruqa (Ex.PC/1) was sent to the Police Station for registration of an FIR. On receipt of ruqa, FIR (Ex.PC/2) was lodged at about 8.25 PM on the same day.

(3.) Thereafter, the patient was referred to PGIMS, Rohtak for further treatment, but she was removed to S.M.S. Hospital, Jaipur, probably for the reason that the said hospital is in the closure proximity to the place of occurrence then Rohtak.