J.M. Panchal, J. - (1.) This appeal by special leave, questions the legality of Judgment dated May 15, 2008 rendered by Division Bench of High Court of Delhi in Criminal Appeal No. 183 of 1992 by which Judgment dated September 29, 1992 passed by the Learned Additional Sessions Judge, Delhi in Sessions Case No. 100 of 1989 convicting the appellant under Section 302 IPC and sentencing him to R.I. for life and fine of Rs. 2000/- in default R.I. for one year, is confirmed.
(2.) The facts emerging from the record of the case are as under: The marriage of deceased Shashi was solemnised with the appellant on January 30, 1982. After marriage, the deceased started living with the appellant at his place of residence situated at Chandigarh.
(3.) During the subsistence of the marriage, the deceased gave birth to a girl child on January 2, 1983 at New Delhi. Thereafter, the deceased went to Chandigarh to reside with the appellant. On April 4, 1983, the appellant with his wife and child came to Delhi from Chandigarh. After visiting the parents of the appellant, they went to the house of the parents of the deceased and took dinner there. After taking dinner, the appellant and the deceased with the child returned to the house of parents of the appellant at about 11.30 pm and retired to bed. At about 2.30 am on April 6, 1983, shrieks of the deceased were heard and she was found engulfed in the flames. At about 2.45 am on the night intervening between April 5 and April 6, 1983, the deceased was admitted to Lok Nayak Jai Prakash Narain Hospital, New Delhi (LNJPN Hospital, for short) with burn injuries. The Duty Constable posted at the said hospital sent a telephonic message at about 3.00 am that Shashi, aged about 26 years, with burn injuries sustained in her house was admitted by her husband, i.e., the appellant. This message was recorded at DD No. 6A. On receipt of the message, ASI Hans Raj along with Constable Umrao Singh went to the hospital. He collected MLC of injured Shashi wherein it was mentioned that the injured was got admitted at 2.45 am by her husband and Dr. S.K. Bindal. It was also mentioned therein that the accident occurred due to the exploding of the stove. It was further mentioned in the said certificate that her clothes were smelling of kerosene oil and she had received extensive burns all over the body and face.;