- (1.) U. S. Tripathi, J. This appeal has been sent from Jail against the judgment and order dated 29-4-1997, passed by IV Addl. Sessions Judge, Aligarh in Sessions Trial No. 850 of 1994, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life.
(2.) THE prosecution story briefly stated was that Smt. Kamlesh (28) deceased was wife of the appellant. It is alleged that the appellant was demanding dowry from the parents of the deceased and was treating her with cruelty on account of demand of dowry. THE appellant was also suspecting the character of the deceased. A daughter was also born out of the wedlock of the appellant and the deceased. On the afternoon of 7-3-1994 the deceased and appellant were in their house. Priti aged about five years the daughter of the appellant and the deceased was playing out side the house with other children. At about 3. 00 p. m. the appellant sprinkled kerosene oil on the deceased and bolted the door from inside. He set the deceased at fire with the help of match sticks saying that she was bad character lady. However, when the deceased sustained burn injuries. The appellant took her to Malkhan Singh Hospital, Aligarh, and admitted her there. Her dying declaration was recorded in the said hospital on 7- 3-1994 at 7. 30 p. m. by Sri Chandra Pal Singh, SDM Etah (PW 8 ). The parents of the deceased got information about burning of the deceased on 7-3-1994. Pyare Lal (PW 1), the father of deceased and Smt. Kalawati (PW 2) the mother of the deceased came to hospital, where the deceased was admitted in injured condition. The deceased told to her father and mother that her husband had set her at fire by sprinkling kerosene oil. Pyare Lal (PW 1) then prepared report of the occurrence Ext. Ka-1 and lodged the same at police station Gandhi Park on 8-3-1994 at 8. 45 p. m. on the basis which a case was registered against the appellant under Sections 498-A and 307 IPC. The investigation of the case was taken up by Sri Prem Narain (PW 7), who interrogated the witness, visited the place of occurrence, took into possession the clothes of the deceased and on completion of investigation submitted charge sheet against the appellant under Sections 498-A and 307 IPC. Subsequently the deceased died in the hospital on 19-3-1994 at 11. 25 p. m. The inquest of the dead body was conducted and the dead body was sent for post mortem.
(3.) AUTOPSY on the dead body of the deceased was conducted on 20- 3-1994 by Dr. R. C. Gupta (PW 4) who found thermal burn injuries on the whole of the body except some part of abdomen and lower part of front legs. The burn was 100% of grade I. The internal examination showed that both the lungs, liver, spleen and both kidneys were congested and death was due to shock as a result of burn injuries. On the death of deceased the case was altered under Section 304-B IPC and was again investigated by Circle Officer, Sri Gurmeet Singh (PW 5), who interrogated Pyare Lal (PW 1), Smt. Premvati (PW 2) and other witness. Thereafter he was transferred and the remaining investigation was conducted by Sri J. P. Singh (PW 6), who an completion of investigation submitted the charge sheet against the appellant under Sections 498-A and 304-B IPC.;