UMA DEVI Vs. STATE OF J&K

JUDGEMENT

(1.) Late Mohinder Paul son of Bhagat Ram resident of Dani Dhar, Rajouri, was in the late evening of 14th May 2004, admitted in District Hospital, Rajouri, as a burn case with burn injuries on his neck, chest, abdomen, upper limbs and right lower limbs. ASI Khadim Hussain P/S Rajouri on getting information about admission of injured Mohinder Paul in District Hospital, Rajouri, rushed to the hospital to record his statement. However, the doctor attending on the patient, declared him unfit to make any statement. The police officer made a second attempt on 15th May 2004. This time the doctor declared patient to be capable of making statement. His statement was accordingly recorded. Mohinder Paul narrating events of 14th May 2004 evening stated that his wife - appellant before the Court, on 14th May 2004 at about 9.30 P.M., hiding behind a drum in their house, suddenly threw kerosene oil on him as soon as he entered the house and thereafter set him on fire; that he rushed out of the house, tried to put off fire by rolling on ground and was carried by neighbours who assembled on the spot to District Hospital, Rajouri. Explaining reasons that made his wife to make ah attempt on his life, deceased stated that his wife was a woman of easy virtue and his efforts to reform her, made her inimical towards him, resulting in the murderous assault.

(2.) The statement recorded prompted police station Rajouri to register case FIR No. 35/2004 under Section 307 RPC against appellant. The investigation was entrusted to ASI Khadim Hussain. The condition of patient deteriorated. He was shifted to Government Medical College Hospital Jammu, where he breathed his lost on 19th May 2004. The case was, therefore, converted into offence punishable under Section 302 RPC.

(3.) The Investigating Officer took over the dead body, got its post-mortem conducted, recorded statements of all those acquainted with facts and circumstances of the case including the doctor in whose presence statement of deceased was recorded on 15th May 2004 and the doctor, who conducted autopsy. The investigation on the strength of material collected during investigation was concluded as proved against appellant. She was taken into custody, after deceased succumbed to injuries in Government Medical College Hospital, Jammu. The appellant was found to have committed murder of her husband by setting him on fire and therefore, guilty of offence punishable under Section 302 RPC.