BASHIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is convict's first appeal under sub-section (2) of Section 374 of the Criminal Procedure Code, 1973 (CrPC, for short) directed against judgment of conviction and order of sentence dated 18.02.2003 (here-in-after referred to as 'the impugned judgment') passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Ferozepur (here-in-after referred to as 'Trial Court') convicting and sentencing him to rigorous imprisonment for a term of six years in addition to a fine amounting to two thousand rupees (Rs. 2000/-) and in default of payment of fine to further rigorous imprisonment for a term of six months, under Section 306 of the Indian Penal Code, 1860 (IPC, for short). Background Facts:

(2.) Smt. Sito (the deceased) was married to appellant Bashir about 18- 20 years prior to 31.10.98 (the date of occurrence). She had four sons from her marital union with the appellant, who used to quarrel (with her) and remark that she had illicit relations with Babbu, Rajesh and Desa. Appellant, on his return to the home in the evening on the fateful day, started doubting fidelity of the deceased whereupon she got enraged, doused herself with kerosene and set herself ablaze.

(3.) The deceased was removed to the civil hospital. Doctor intimated Station House Officer (SHO, for short) of Police Station, Sadar, Ferozepur regarding admission of the deceased in the hospital with burn injuries. Sub Inspector (SI) Kulwant Singh (here-in-after referred to as 'the Investigating Officer'), accompanied by a few police officials, reached Civil Hospital, Ferozepur. Varinder Kumar, Tehsildar-cum-Executive Magistrate, also reached the hospital, recorded statement of Dr. O.P. Bagri to the effect that the deceased was fit to make a statement, recorded dying declaration, Exhibit P-7, of the deceased at 12.43 A.M. on 31.10.98. Investigating Officer also recorded statement, Exhibit P-8, of the deceased which was attested by Varinder Kumar, Executive Magistrate. On the foot of the statement, Exhibit P-8, Investigating Officer made his endorsement, Exhibit P-8/A, whereupon a formal First Information Report ('FIR', for short), Exhibit P-20, came to be registered. Investigating Officer visited the spot, drew a rough site plan, Exhibit P-21, of the place of occurrence, and took in possession plastic container containing two litres Kerosene and some half burnt pieces of clothes vide memorandum, Exhibit P-17.