A. S. Srivastava, J. - (1.) DESHRAJ appellant has filed this appeal against the judgment and order dated 7-9-1977 of the Sessions Judge, Nainital convicting and sentencing him to imprisonment for life under section 302 IPC and to five years RI under section 201 IPC. The sentences are to run concurrently.
(2.) THE appellant is a resident of village Saijani, P. S. Sitarganj, District Nainital. THE deceased Smt.Mathura Bai was his wife. On 4-3-1977 at about 10.00 P.M. Smt. Mathura Bai died on a burning heap of Pual. The autopsy conducted on her dead body on 5-3-77 at 4.30 P.M. by Dr. S. P. Singh (PW 3) revealed extensive ante mortem burn injuries on her body. According to the doctor, her death was due to shock as a result of the burn injuries. The case of the prosecution is that the deceased was married to the appellant about three years before her death. The relations between them had, however, become strained due to suspicion of the appellant about her chastity. Further a niece of the appellant was engaged to the brother of the deceased who was a disciple of a Sadhu. The appellant threatened to break that engagement if the deceased did not persuade her brother to leave that Sadhu. The appellant was also aggrieved by the deceased because she did not bear any child for him.
(3.) ON 5-3-1977 at 6.50 A.M. a report about this incident was lodged by Pale Ram (PW 7), the elder brother of the appellant, in which he had reported that for sometime the mental state of the deceased was unsound and on that morning she entered a heap of Pual after setting fire to it. She could, however, not be saved despite the efforts made by her husband and other residents of the village for extinguishing that fire. On 8-3-1977 however, another report was lodged at the police station by Sunder Ram (PW 1) brother of the deceased, alleging that his sister was burnt to death by the appellant by throwing her on the Pual and by setting fire to it on account of bad relations existing between them. In that report, he had also mentioned that he had no evidence in support of his report and that bis report was based on his suspicion.;