ANIL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) In this appeal, the appellant, who is presently lodged in Model Central Jail, Nahan, is aggrieved by judgment dated 5-5-1998 passed by Additional Sessions Judge, Mandi, whereby he was convicted under Section 302, I.P.C. and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- for the murder of his wife Sumati Verma by setting her on fire, as a result of which she received burn injuries, to which she succumbed later on.

(2.) The factual matrix of prosecution case is that the appellant was married to deceased Sumati Verma in the year 1988 and two sons, namely, Akash and Lalit were born out of this wed-lock, who were 7 and 4 years of ages on the date of incident. The appellant was working as Clerk in Electrical Workshop of BBMB at Sundernagar and was residing in Quarter No. S-2-648 in B.S.L. Colony, Sundernagar, along with deceased Sumati Verma and their two sons in the year 1996. The appellant was addicted to drinking and purchase of lottery tickets in bulk. On 3-6-1996 he took a sum of Rs. 200/- from deceased Sumati Verma and spent the same for drinking and purchase of lottery tickets. On the same day at 1.30 p.m. he sought more funds from deceased Sumati Verma and on her refusal he had picked up his bank pass book and left his quarter but again returned at 2.30 p.m. and asked for more funds. When deceased Sumati Verma again refused and told the appellant that she had no money he became furious and started throwing household goods helter skelter and started beating deceased Sumati Verma. Ultimately, he brought a bottle of kerosene from the kitchen and poured it on the person of deceased Sumati Verma and set her on fire with a match-stick. When she cried for help, some women from the neighbourhood rushed to the spot and found deceased Sumati Verma completely burnt. In the meantime, Fire Brigade reached the quarter of the appellant and took deceased Sumati Verma firstly to BBMB Hospital at Sundernagar and thereafter to Civil Hospital, Sundernagar for treatment, where she was admitted at 4.20 p.m.

(3.) The Medical Officer of civil Hospital, Sundernagar had telephonically informed Police Station. Sundernagar on the basis of which Daily Diary Report No. 18 Ex. PW-15/A was recorded and SHO Hans Raj rushed to the hospital and thereafter made application to the S.D.M., Sundernagar Shri R.N. Karol to record the statement of deceased Sumati Verma. As Shri R. N. Karol, the S.D.M. took time to reach the hospital, SHO Hans Raj PW-15 in the presence of Doctor V.K. Kapil PW-14 and Shri B.M. Sharma, the then Dy. S.P. Sundernagar recorded the statement Ex. PA of deceased Sumati Verma and sent the same to Police Station Sundernagar with endorsement Ex. PW-15/B, on the basis of which FIR Ex. P-8 under Section 307, I.P.C. was recorded by Head Constable Narain Singh PW-2. Thereafter; Sub-Divisional Magistrate Shri R. N. Karol PW 4 reached the hospital and recorded statement Ex. PW4/C of deceased Sumati Verma in the presence of Doctor V.K. Kapil PW 14. In both these statements deceased Sumati Verma attributed the burn injuries to the appellant by categorically stating that he had set her on fire after throwing a bottle of kerosene on her person. Deceased Sumati Verma was referred to P.G.I. Chandigarh for expert treatment on 4-6- 1996, where she died on 14-6-1996 and autopsy on her dead body was conducted by Doctor V.K. Chopra PW-8, Medical Officer, General Hospital, Sector 16, Chandigarh along with Doctor Usha Bishnoi on 16-6-1996 and opined her death due to cardio respiratory arrest caused by septicemia as a result of 8O% burns and the FIR registered under Section 307. I.P.C. was converted to Section 302, I.P.C. The appellant stood arrested on 4-6-1996.