SUSHIL HARKAULI, R.R.PRASAD, J. - (1.) BY the impugned judgment, the trial court on finding the Appellant guilty for committing murder of his wife Bindu Devi convicted him under Section 302 and also 201 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/ -with default clause for offence under Section 302 and further to undergo simple imprisonment for five years for offence under Section 201 of the Indian Penal Code.
(2.) THE case of the prosecution is that on 20.6.1990 at about 8 A.M Soni Devi next door neighbor of the Appellant when found smoke coming out from the house of the Appellant, she informed about it to Baldeo Singh (P.W.1). Upon it, Baldeo Singh came rushing to the house of this Appellant and found the door closed. When it was knocked at it was opened by the Appellant. Baldeo Singh when came inside the room, he found the Appellant pouring water by a bucket on his wife, who was burning and was naked. He immediately came out of the room and then the door was again closed by the Appellant. After coming out of the room, Baldeo Singh informed about the occurrence to Chakradhari Singh, father of the Appellant. Further case of the prosecution is that in the evening of 20.6.1990, Police Officer of Sindri Police Station came to know through rum our that someone in B.I.T Colony has burnt his wife to death. One A.S.I, Shiv Nandan Sah (P.W.4) came to the quarter of the Appellant where Baldeo Singh (P. W.1) disclosed to him about the fact what he had seen in the morning. Thereafter they on getting the door opened, searched the house. During search, the Investigating Officer found some playing cards, grains of rice and other materials scattered over there, out of which smell of K. Oil was coming out. Those materials were seized under seizure list (Ext.3/1). The Investigating Officer also seized from the place of occurrence a container of Kerosene Oil, pieces of burnt out sari etc. under seizure list (Ext.3). Thereupon the said A.S.I who is also the Investigating Officer (P.W.4) gave such information to the Officer -in -Charge of Sindri Police Station, upon which a case was lodged.
(3.) DURING investigation, when Investigating Officer came to the hospital, he found the deceased dead. Upon holding inquest on the dead body, it was sent for post mortem examination which was conducted by Dr. Binod Kumar (P.W.5), who on examination found deep burn all over the body except back of head. At the same time, he also found smell of K. Oil coming out of the hair of the deceased. Doctor issued post mortem examination report (Ext.5) with an opinion that death was caused due to shock, as a result of extensive burn injury.;