A.K.ROOPANWAL,J. - (1.) WE have heard Dr. G. S. D. Mishra, learned counsel for the appellant, Mr. Karuna Nand Vajpayee, learned AGA for the State and perused the record.
(2.) THIS Criminal Appeal has been filed by the appellant challenging the validity and the correctness of the judgment and order dated 14.10.1997 passed by the 1st Additional Sessions Judge, Jhansi, in S. T. No. 295 of 1996, u/s 302 I.P.C., Police Station Mahila Thana Nawabad, District Jhansi, whereby the appellant was convicted u/s 302 I.P.C. and sentenced to life imprisonment and a fine of Rs. 5000/- and in the event of failure to deposit the fine further rigorous imprisonment for two years. The facts of the case in brief are that the deceased Sheela had herself lodged a first information report, exhibit Ka-2, on 10.5.1996 at 10.55 A.M. that her husband (the appellant) asked money for liquor, which she refused. Her husband on this poured kerosene oil and set her on fire. On the basis of this first information report the case was registered at G.D. No. 12.
(3.) IT appears from the record that the first informant (deceased) was admitted in the hospital by Constable Raj Kumari C.P. 639 and the following injuries had been recorded in the hospital by the Emergency Medical Officer, Jhansi: "Superficial to deep burn injuries on the head singeing of hair over neck and chin, both upper limbs, abdomen front and back, chest back and both lower limbs except Petticoat area. Red line and demarcation present, blisters at many places. G.C. Poor, Pulse rapid, Tuready 130/mt volume low. Pt is in shock. Smell of kerosene oil present. Percentage of burn 65-70% Duration Fresh. Nature K.U.O. Admitted. Caused by Thermal burn." Constable Mahila, (herein referred to as C.M.) 39 Smt. Kishori Devi, who was on duty and scribed the chick FIR and G.D. also stated that oral dying declaration was also made by the deceased Smt. Sheela before her death. ;