REVA KHETRAPAL, J. - (1.) THE present appeal has been filed against the judgment of conviction under Section 302 IPC and the consequent sentence of simple imprisonment for life imposed upon the Appellant in addition to fine of Rs. 2,000/ - and in default of payment of fine to undergo simple imprisonment for one year.
(2.) THE criminal law machinery was set in motion at 10.18 p.m. on 25.3.1992 on receipt of DD No.17A (Ex.PW7/A) at Police Station Geeta Colony to the effect that information was received from PCR about the burning of a lady at a house near Rani Garden, Shiv Mandir. On the same day, at about 10.50 p.m., another information was received from JPN Hospital given by the duty constable about the admission of Kiran, wife of Banwari Lal at the said hospital, which was entered in the roznamcha by the duty officer of Police Station Geeta Colony as DD No.18A (Ex.PW7/B). Copy of the said DD was handed over to Constable Madhu for onward transmission to Sub - Inspector Arun Kumar. On receipt of DD No.17A, Sub -Inspector Arun Kumar, who was on emergency duty, along with Constable Adesh Kumar reached the spot at House No.127, Rani Garden where it was revealed that injured Kiran who had received burn injuries had been removed by her father Swaran (PW4) and neighbour Baldev Raj (PW2) to JPN Hospital. In the meantime, Head Constable Iqbal and Constable Prehlad Singh also reached the spot and leaving them to guard the spot, Sub -Inspector Arun Kumar along with Constable Adesh went to JPN Hospital, where he collected the MLC of the injured and recorded her (Kirans) statement (Ex.PW23/A) after obtaining the opinion of the doctor (PW26) that the injured was fit for making statement. After recording the statement of the injured, Sub -Inspector Arun Kumar along with Constable Adesh came back to the spot where he found the crime team and the photographer. The SHO was also present at the spot. Sub -Inspector Arun Kumar made his endorsement on the statement of the injured Kiran, which is Ex.PW23/B and handed over the same to Constable Adesh for registration of the case, who took the same to the Police Station and got registered the case vide FIR No.83/92 (Ex.PW10/A). He then inspected the site and prepared the site plan (Ex.PW23/C) and recorded the statements of witnesses including that of public witness Kasturi Lal (PW19), who had overpowered the accused and produced the accused before him. Seizure Memos (Ex.PW12/A to 12/D) were prepared after seizure of the articles at the spot and the articles were seized and sealed. Seal after use was handed over to Kasturi Lal. The accused was got medically examined in JPN Hospital for the burn injuries sustained by him.
(3.) ON 26.3.1992, at about 11.50 a.m., the Investigating Officer Sub -Inspector Arun Kumar received copy of DD entry No.7A (Ex.PW8/A) through Constable Ashok regarding the death of Smt. Kiran. On receipt of the said information, he communicated the same to the SHO concerned, who, in turn, apprised the SDM. The SHO and the SDM Shri R.K. Mishra reached the mortuary where inquest proceedings were completed by the SDM and the postmortem got conducted (Ex.PW18/A). Apparently, at this point of time, the SDM directed that the case be converted from one under Section 307 IPC to one under Section 498A and 304B IPC. On the aforesaid direction of the SDM, Sub -Inspector Arun Kumar added Sections 302/304B and 498A IPC and informed the SHO in this regard. Further investigation was taken over by the SHO himself.;