VISHWA NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Vishwa Nath has been held guilty of murder charge for setting his wife ablaze on December 23, 1994, at 8. 15 p. m. He has been ordered to undergo R. I. for life and to pay a fine of Rs. 5,000.00 or in default thereof to further undergo RI for two years, vide order of conviction and sentence recorded against him by the learned Additional Sessions Judge, Panipat, dated February 7, 1998. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) BRIEF facts of the case reveal that the occurrence leading to death of Promila, wife of the appellant herein, had taken place on December 23, 1994 when, as mentioned above, she was, as per the prosecution case, set ablaze alive by the appellant. The FIR with regard to occurrence came to be recorded at 3. 15 p. m. on the same date and the special report reached the concerned Magistrate at Panipat at 7. 45 p. m. , again on the same date. The FIR came into being on the statement of Naresh Chander Goel, real brother of the deceased. It was recorded by SI Surinder Kumar PW 8 at police station City Panipat. While giving the details of the events, leading to death of his sister Promila, Naresh Chander Goyal stated that his elder sister Promila Gupta was married in the month of February, 1980 with Vishwa Nath according to Hindu Rites. The appellant had constructed his new house on the back side of Tehsil Road, General Hospital, Panipat about 3/4 years ago. His sister and her husband used to live in that house. Three children were born from the womb of his sister. Out of them, two sons had expired. One daughter, namely, Isha is alive. She was born in between the two sons and was about three years old. His other elder sister, namely, Nirmala, who was married with Ghansham Dass Gupta, was residing at 55-B, Narain Singh Park, Panipat. On December 22, 1994 she informed him at Delhi by means of a telephonic message that a dispute had taken place at the house of Promila. He reached the house of Promila at about 6 p. m. on the same date. At that time, his sister Promila and her husband were present at home. He had a talk with his sister Promila. She told him that her husband had illicit relations with a woman, resident of Tehsil Camp, Panipat, for the last about two years. That woman had got a son aged about six months from the loins of Vishwanath. The first informant continued making understand the appellant uptil 11 p. m. and the appellant insisted that he had no illicit relations with any woman. They all took their meals after 11 p. m. His sister Promila, her husband and their daughter Isha went to sleep in the bedroom on the ground floor. He went upstairs in the Chaubara in order to sleep there. In the morning at about 8. 15 a. m. he heard the shrieks of his sister from ground floor. He got up immediately and came out. He saw from the roof through iron Jal that the appellant was sprinkling kerosene oil upon his sister with a jug. He raised an alarm from the roof. Within his sight, the appellant lit the match stick and set his sister on fire. He wanted to rush down but the gate of the stair case was locked from outside. He opened the gate of stair case with great efforts and reached down stairs in the gallery. In the meantime, his sister Promila had breathed her last. The appellant ran away towards outside after opening the main gate. He got perplexed. Then he took out a blanket from the room and wrapped his sister in it. He came out after closing the main gate of the house and reached the house of his sister Nirmala which was situated in Narain Singh Park, while weeping and running. He narrated the whole incident to his sister and her husband Ghansham Dass. His sister's husband informed his father Ram Dia at Delhi by means of telephonic message. He had been waiting for his father. After the arrival of his father, he along with his father and his sister's husband Ghansham Dass went to police station to lodge the report. Naresh Chander Goyal further stated that the appellant had killed his sister by setting her on fire on account of dispute that he had illicit relations with another woman and that he had witnessed the whole occurrence.

(3.) WHEN examined under S. 313, Cr. P. C. the appellant, besides denying the incriminating material put to him, further stated that he was living happily with his wife, Promila. His wife Promila could not conceive for a period of about 11-12 years from marriage and got treatment from various doctors and hospitals. His wife delivered two male children and both of them had died at the time of birth and as such she remained under depression. Prior to her death, she was under the impression that she was pregnant and on 22-12-1994 she was subjected to a pregnancy test, which was found negative and as such she became very dejected. On 23-12-1994 he was not present in the house and had gone for his work and upon learning that his wife Promila had caught fire, he immediately rushed to his house, where various people of the locality were present. Thereafter, he informed the local police and sent information to his in-laws and other relatives. The police had come to the spot immediately. His in-laws falsely implicated him in this case in collusion with the police and he was taken into custody on the same day. In his defence, he examined DW 1 Mahabir Singh, DW 2 Dr. Anita Vermani and DW 3 Dr. K. L. Batra.