K.M.JOSEPH, J. - (1.) The appellant stands convicted under Sections 302 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC', for short) by the Trial court, and the appeal carried by him before the High Court being unsuccessful and is, therefore, before this Court.
(2.) Briefly, the case of the prosecution against the appellant is as follows: The deceased was married to the appellant in the year 1999. He was unemployed at that time. Later, he secured employment in the C.R.P.F.. He did not take his wife on the basis that he could not take her far away. Wife continued to reside with the mother of the deceased at her house. Appellant used to harass his wife and had illicit relationship with the wife of his brother. A Panchayat was held. A settlement was arrived at, pursuant to which, after four years, when the appellant was transferred to Delhi, he assured the mother of the deceased that he will not harass his wife and he started residing at the house along with his wife and mother-in-law. It is the further case of the prosecution that the appellant continued to have an affair with the wife of his brother. On 23.01.2008, the mother of the deceased went to the matrimonial home of another daughter. On 24.01.2008, at about 06.00 P.M., the appellant came to the house under influence of liquor, and in short, poured kerosene oil upon his wife and also some kerosene oil over himself and threw a lighted matchstick on his wife. Initially, both, the appellant and the deceased, were taken to the hospital. Initially, the wife gave statement which did not implicate the appellant. However, on 27.01.2008, a dying declaration was made by the deceased pointing the finger of blame clearly at the appellant and attributing the act of pouring kerosene and setting her ablaze to him. Initially, a First Information Report was lodged on 27.01.2008 on the basis of the dying declaration dated 27.01.2008 under Section 307 of the IPC, which was, upon the deceased succumbing to the burn injuries, converted to Section 302 of the IPC. This is besides a charge under Section 506 of the IPC for extending threat to his wife.
(3.) 31 witnesses were examined by the prosecution. After closure of prosecution evidence, appellant was questioned under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short). FINDINGS BY THE TRIAL COURT ;