Adarsh Kumar Goel, J. - (1.) THE appellant challenges his conviction under section 302 IPC, for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 2000/ -, in default, to undergo further RI for six months.
(2.) CASE of the prosecution is that Kuljit Kaur, deceased was married to the appellant about three years prior to the date of occurrence i.e. 15.7.1997. A son was born out of the marriage, who was about two years old at the time of the occurrence. The accused used to quarrel with the deceased as she used to object to his taking liquor. On 15.7.1997, at 3 PM, the accused was under the influence of liquor and he put kerosene on the body of the deceased and set her on fire and went out of the house. The deceased ran to the bathroom and sat under the tap of water and extinguished the fire. The accused then came alongwith his aunt Gurmit Kaur PW3 and Simranjit Kaur, who removed her to hospital at Rehana Jattan where she was given first aid. She was then taken to a doctor at Phagwara and because of her serious condition, she was then taken to Christian Medical College and Hospital, Ludhiana. ASI Bhupinder Singh PW11 reached the hospital on 18.7.1997 and applied to the CJM, Ludhiana for deputing a Judicial Magistrate to record statement of Kuljit Kaur. PW8 Shri Sanjiv Joshi, Judicial Magistrate 1st Class Ludhiana visited the hospital and after satisfying himself about the fitness of Kuljit Kaur to make statement, recorded her statement in presence of Dr. Ajay Abrol PW9. PW11 ASI Bhupinder Singh visited the house of the accused and prepared rough site plan. The accused was arrested on 26.7.1997. Kuljit Kaur died in the hospital on 13.8.1997. PW10 ASI Sawinder Singh reached the hospital and prepared inquest report Ex.PB and sent the dead body for post mortem examination. Dr. Vidhur Bhalla PW1 conducted post mortem examination on the dead body on 14.8.1997 at 9.45 AM. He found as under : - "The length of the body was 5' -4". It was dead body of female subject, moderately built and was lying in mortuary of civil hospital, Phagwara. It was covered with white bandages on neck, chest, abdomen. Both the upper limbs and lower limbs partially. Bandages were removed. Rigor mortis absent in upper limbs and present in the lower limbs. Dirty yellowish white and at places blackish scabs were present over the front of the neck, chest, abdomen, over the back (excluding hips and lower part of the back), both the upper limbs on left side involving left forearm and left hand at places on right side extending just below elbow, front and sides of both the thighs extending just above knee. Dirty white exudate and pus were present at places over these areas. Healed light brownish scar was present over fingers and hands. 8 cm x 7 cm pressure sore was present on the sacrococcygeus region, reddish brown scab formation was present. Congestion of membranes and brain tissue was present. Both the lungs were edematous . Kidneys were edematous and clooding of tissues present. Rest of the viscrea was healthy and normal. In our opinion, the cause of death in this case was septicaemia with thermal burns. The injuries were ante -mortem in nature and were sufficient to cause death in ordinary course of nature." The statement of the deceased Ex.PF/1 recorded by PW 8 Sanjiv Joshi is as under : "Q. What is your age ? A. My age is 23 years. Q. How many years have been passed of your marriage ? A. My marriage taken place 3 years before March 1997. Q. How many children have you ? A. I have one boy of two years. Q. What is the name of your father in law ? A. Mohan Singh. Q. How and when you set on fire ? A. On 15.7.1997 Tuesday at 3 PM my husband Ravinderjit Singh was in drunkard condition and he poured kerosene oil upon me and set fire. After the marriage my husband was quarrelling with me as I objected him to take liquor. Q. Where you set on fire ? A. My husband has set me on fire in the room near the stairs in my in -laws house. Q. What you have done after fire ? A. After setting me on fire my husband went outside the house then I went to the bath room and sat down under the water tap and extinguished the fire. After set off the fire my husband came alongwith my aunt (Tai) Gurmeet Kaur and Simranjit Kaur, aunt (Chachi). Q. Who and when you have taken to hospital ? A. First of all Gurmeet Kaur, Simranjit Kaur and brother of Simranjit Kaur, whose name I do not know, taken me to Guru Nanak Hospital, Rehana Jattan, where medical treatment was given to me then I was sent to Phagwara, but I do not know the doctor. As I was serious. I was advised to reach the CMC Ludhiana, where I am under the treatment. I was admitted in CMC Ludhiana by the aunt (Chachi) of my husband, Kulwinder Kaur, daughter of the sister of my father and my husband Ravinderjit Singh. I was admitted in CMC Ludhiana on Tuesday at 11.30 PM. Q. On which portion of the body you have received the injuries of fire ? A. Injuries of fire are on my both the arms, abdomen and both leg gs. Q. Whether any other person was present in the house at the time of fire? A. No other person was present in the house except my two years child. My mother in law and father in law had already gone to America. Q. Whether in your opinion any other person involved in setting you on fire ? A. My husband Ravinderjit Singh alone has set me on fire. No other person has been involved in this regard. Q. Whether the dispute occurred between you and your husband Ravinderjit Singh was due to taking liquor by him on any other reason ? A. My dispute with my husband occurred only due to taking liquor daily, as I used to prohibit him to take liquor. Q. Whether you want to say any thing else about the above said incident. A. The dispute was only due to liquor and only Ravinderjit Singh set me on fire. Nothing is to say except this."
(3.) THE prosecution examined PW1 Vidhur Bhalla, who conducted post mortem, PW2 Dalip Singh, Draftsman, PW3 Gurmit Kaur, aunt of the accused, who did not support the case of the prosecution, PW4 Bhupinder Singh, father of the deceased, PW5 Dr. Sandip Jiwan Mal, who admitted Kuljit Kaur to the hospital on 16.7.1997, PW6 Dr. Deepak Bhatti of CMC Ludhiana, PW7 CI Ram Kumar, who handed over special report to the Magistrate, PW8 Sanjiv Joshi, Judicial magistrate 1st Class, who was deputed to record the statement of Kuljit Kaur, PW9 Dr. Ajay Abrol, who gave opinion of fitness of Kuljit Kaur to make statement, PW10 ASI Sawinder Singh and PW11 ASI Bhupinder Singh, Investigating officer.;