BITTA ALIAS BITU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and order of sentence dated 18.12.2003 passed by learned Additional Sessions Judge (Adhoc), Amritsar whereby the appellant was convicted and sentenced as under:-

(2.) Facts relevant for the purpose of decision of the appeal; on 16.3.2000, case under Section 302 IPC was registered against Bitta alias Bitu on the basis of statement of Mrs. Gurmit Kaur (since deceased) wife of the appellant, recorded by Shri Arun Vir Vashist, Judicial Magistrate Ist Class. The statement was recorded after obtaining medical opinion that Mrs. Gurmit Kaur was fit to make the statement. As per the complainant, she was preparing vegetable in the kitchen and her husband, namely, Bitta alias Bitu asked her to prepare a cup of tea for him. She took some time and the appellant got enraged because of delay in preparing the tea and gave 4-5 slaps on her face and then poured kerosene oil on her clothes and threw her on the burning stove as a result of which, she caught fire. She raised hue and cries upon which her neighbour, Dharama and his wife reached there who extinguished the fire and Mrs. Gurmit Kaur was shifted to hospital and at that time, her statement was recorded. Initially, case under Section 307 IPC was registered. On 31.3.2000, Mrs. Gurmit Kaur succumbed for the burn injuries and her post-mortem examination was got done. Accused was arrested.

(3.) After completion of investigation proceedings, challan was presented in the Court for trial under Section 302 IPC.