MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment/order dated 7-7-1997 of the Additional Sessions Judge, Gurdaspur whereby he convicted appellant Kewal Krishan son of Om Nath under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, in default, to further undergo R1 for 3 months.
(2.) The case of the prosecution is unfolded by the statement of Urmala Rani Ex. PG given to ASI Tilak Raj on 16-4-1992 at 1.45 p.m. in Civil Hospital, Gurdaspur. Urmala Rani wife of Kewal Krishan stated that her father had expired about 18 years back. She had 5 sisters and one brother. About 14 years back she was married with Kewal Krishan son of Om Nath. No child was born. Her husband Kewal Krishan got addicted to drinking liquor because she could not give birth to a child. Her husband wanted to contract a second marriage which she forbade him to do so. Due to this, relations between them became strained and quarrels erupted. On 15-4-1992 at about 2 p.m. Urmala Rani and her husband Kewal Krishan quarrelled with each other. Kewal Krishan gave her beating with a wooden Danda (Thapi) and then sprinkled kerosene oil alter taking it out of the stove. Her clothes were then set on fire by lighting a match slick. As a result she sustained burn injuries on her body, abdomen, breast, hands and legs. She raised a hue and cry. Kewal Krishan then put a quilt over her and extinguished the fire. Thereafter her father-in-law Om Nath came there and called the doctor who administered Glucose Dextrose to her. Thereafter her father-in-law admitted her in Civil Hospital, Gurdaspur. Her husband Kewal Krishan set her on fire with the Intention to kill her. On the basis of this statement FIR Ex, PG/ 2 was registered on 16-4-1992 at 3.30 p.m. Special report reached the JMIC, Gurdaspur on 17-4-1992 at 9 a.m.
(3.) Urmala Rani at that time had 60% burns. Seeing her condition to be serious, she was shifted to Guru Nanak Dev Hospital, Amritsar and died on 29-4-1992. Initially a case under Section 307, IPC was registered and thereafter due to the death of Urmala Rani, the case was converted under Section 302, IPC.;