Ajit Bharihoke, J. - (1.) THE appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life for having committed murder of his wife Smt. Sheela and daughter Kumari Veena by setting them on fire after pouring kerosene on them.
(2.) BRIEFLY stated, case of the prosecution is that on 5th October 1992 at about 6.30 AM, the appellant got admitted Smt. Sheela and Kumari Veena in RML Hospital with alleged history of substantial burns by pouring kerosene oil. On examination, Kumari Veena was declared 'brought dead' and Smt. Sheela was found to have suffered hundred per cent burns. On 5th October 1992 at about 4.50 AM, on the receipt of an information about a fire incident at House No. T -121, Indira Colony, Narela, DD No. 17A was recorded at the Police Station Narela. Pursuant to the DD report, SHO Inspector Ramesh Malik and other police officers visited said house. They were informed that the fire tender had already left after extinguishing the fire. Inspector Ramesh Malik also came to know that Smt. Sheela and Kumari Veena, who had suffered burn injuries had been removed to RML Hospital, New Delhi. He left Constable Attar Singh at the spot of occurrence and reached the hospital. He collected MLCs of Kumari Veena and Smt. Sheela who was declared fit for statement. The Investigating Officer called the SDM Kingsway Camp to the hospital who recorded the statement of Smt. Sheela Ex.PW -5/B. Smt. Sheela narrated in her statement that her husband had set her on fire after pouring kerosene on her. On the basis of said statement, formal FIR was registered. After completing the necessary formalities of investigation, appellant Bhupinder Singh was sent for trial for the offence punishable under Section 302 IPC. He pleaded not guilty and sought to be tried.
(3.) THE learned Additional Sessions Judge, on conclusion of trial, placed reliance upon the dying declaration made by Smt. Sheela (Ex.PW -5/B) convicted the appellant under Section 302 IPC for murder of Smt. Sheela and Kumari Veena and sentenced him accordingly.;