- (1.)The appellant was charged and convicted by court of sessions for offence under section 302 IPC for the murder of his wife-Neelam. His conviction and sentence of life imprisonment has been upheld by the High Court in appeal. The correctness of the conviction and sentence is under challenge in this appeal filed by the husband, on grant of leave.
(2.)Appellant and Neelam were married in the year 1981. The incident of burning took place at 8.30 p. m. on 25.5.1989. They had two children. According to prosecution neelam was regularly subjected to cruelty by her husband and mother-in- law and such an incident had also taken place on 25th May, 1989 before the incident of burning when she was taunted by her mother-in-law and the husband-appellant. Further the case of the prosecution is that the appellant took Neelam to the backside of the house in which they were living and after pouring kerosene had put her on fire. After some time he started shouting that as to what had happened to Neelam and had also put water on her body. It attracted other people. On account of non availability of the doctor, the husband said that the matter will be considered the next day morning but the people asked him to get Neelam admitted in the hospital at that very time and therefore she was taken to hospital
(3.)Neelam was admitted in SGTB hospital, Amritsar at 12.30 a. m. on 26th May, 1989, i. e. midnight of 25/26th May, 1989. She died on 8.6.1989 in Kakkar hospital where she had been taken by her relations on 29.5.1989. She remained in sgtb Hospital from early hours of 26.5.1989. i. e. from time of admission, upto 29th May, 1989. According to case history exhibit PB-1 she 'absconded' from sgtb hospital. The term 'absconded' has been used, it is agreed by the learned counsel, to show that discharge from sgtb hospital was taken at her own risk.