K.N. Singh, J. - (1.) RAM Shanker Appellant has preferred this appeal against the judgment and order of the Sessions Judge, Orai, convicting him under Section 302 IPC and sentencing him to undergo life imprisonment for murdering his wife Smt. Uma Devi.
(2.) BRIEFLY , the prosecution case is that on 80th November 1969, between 6 and 7 P.M. Smt. Uma Devi wife of Ram Shanker, Appellant, was burnt in her house at Mohalla Ghaudhriyana, Jalaun town. According to the prosecution the Appellant poured kerosene oil on her and set fire thereto with intent to commit her murder. Smt. Uma Devi received burn injuries as a result of which she died at about 9 p.m. in the hospital, Uma Devi was the wife of the accused and she resided with her husband along with elder brother of the Appellant and his bhabhi and mother. It appears that Uma Devi deceased entertained a belief that her husband Ram Shanker had developed illicit intimacy with his elder brother's wife. Uma Devi resented with the result that there used to be constant quarrel between the husband and wife and the family members. On 30th November, 1969, a quarrel took place between Uma Devi on one hand and the Appellant's sister -in -law on the other. On that very day when it had become dark, the Appellant poured kerosene oil on Uma Devi and set her to fire. Uma Devi got burnt and became unconscious. A large number of residents of the Mohalla rushed to the place and Uma Devi was taken to Jalaun dispensary. Dr. Virendra Kumar gave her medical aid and examined her. He found third and fourth degree burns over her body. He found smell of kerosene oil coming from the clothes and her body. Her condition was dangerous. Dr. Virendra Kumar immediately called the Tahsildar Magistrate, IInd Class, Jalaun, for recording her dying declaration. He also sent a letter to Police Station Jalaun giving information about the admission of Uma Devi in the hospital with burn injuries, In her dying declaration which was recorded by K.R. Bahadur (PW 6), Uma Devi stated that Ram Shanker, the Appellant had poured kerosene oil and set her to fire with a match box at the instance of his brother and his brother's wife. Smt. Uma Devi died at about 9 p.m. the same day. After the investigation was completed the Appellant, husband of Uma Devi deceased, was sent up for trial. He denied to have committed the offence. The trial Judge held that the Appellant was guilty of the offence under Section 302 IPC for setting fire to his wife Smt. Uma Devi as a result of which she received serious burn injuries and died. On that finding the trial Judge sentenced the Appellant to life imprisonment. Aggrieved, the Appellant has come to this Court in appeal.
(3.) THE prosecution has not been able to produce any evidence to give direct testimony of the commission of the offence by the Appellant. Since Uma Devi was set to fire inside the house of the Appellant, it could not be expected that other outsiders could be present in the house to witness the occurrence. But there is no dispute about the fact that Smt. Uma Devi was the wife of the accused and she resided with him together with other members of the family. There is further no dispute that Smt. Uma Devi died as a result of serious burn injuries received in the house of the Appellant on the date and time of the occurrence. In his examination before the Committing Magistrate, the Appellant stated that Smt. Uma Devi committed suicide and the local police implicated him on her statement. Further in his statement under Section 342 Code of Criminal Procedure recorded before the trial Judge the Appellant stated that Smt. Uma Devi committed suicide and she falsely implicated him. He further stated that Smt. Uma Devi's parents wanted to take away their daughter but he did not allow her to go and at the time of occurrence he was not inside the house, instead he was away from the house, A boy came and told him that Uma Devi had burnt herself, thereupon be rushed to the house and saw that a number of persons were present there. He further reiterated that it was he who took his wife to the hospital for treatment. It is thus clear that there is no dispute about the time, date and place of occurrence. It is also not in dispute that Smt. Uma Devi died of serious burn injuries. The question then arises as to whether the Appellant poured kerosene oil on Uma Devi and set her to fire or Smt. Uma Devi committed suicide by setting herself to fire.;