HARGYAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Convict Hargyan is before this Court to challenge judgment of conviction dated January 20, 2003 and order of sentence dated January 22, 2003 whereby learned Additional Sessions Judge, Sonepat (for short, 'the trial court') has convicted and sentenced him to imprisonment for life and fine amounting to Rs. 5000/ - under Sec. 302 of the Indian Penal Code, 1860 (for short, 'IPC') for having murdered his wife Anita aged about 25 years (here -in -after referred to as, 'the deceased').

(2.) Syntax of events, put as concisely as one may, indicates that the deceased, who was married to the appellant about nine years before the occurrence, was teaching in a private school at village Khubru and had a son and a daughter. Appellant, a slacker and vagrant would remain away from his house for days together and whenever at home would beat the deceased. At or around 07.00 p.m. on September 02, 2001 appellant picked up a quarrel with her. She asked her daughter to call appellant's father. Appellant told that he himself would call his father; picked a can (container) of kerosene lying in the house; poured kerosene on her; and with an intention to kill her, set her afire with the help of a match stick. She raised an alarm. Pardeep (PW3), son of appellant's elder brother, came there and doused the fire. Surajmal (P.W. 1) took her to Sita Hospital, Ganaur.

(3.) Dr. Jagminder Jain sent intimation, Exhibit PF, to Station House Officer, Ganaur whereupon Assistant Sub Inspector Dhanpat Rai (Investigating Officer) reached the hospital and after she was declared fit to make a statement vide certificate, Exhibit PC/1, recorded statement of Anita, Exhibit PH, based whereupon a formal First Information Report (for short, 'FIR'), Exhibit PQ/1, under Sec. 307, IPC, was recorded by ASI Azad Singh (P.W. 14). Investigating Officer inspected the spot of occurrence, prepared a visual site plan, Exhibit PJ, recovered pieces of burnt clothes (Exhibit P2) and a can, having a little kerosene (Exhibit P1). Appellant was arrested on September 04, 2001.