JANAK RAJ KOTWAL,J. - (1.)This is appeal by one Mohd. Sadeeq against the judgment dated 18.09.1998, whereby learned Sessions Judge, Udhampur has convicted him under section 302 RPC and the order of sentence dated 19.08.1998 whereby he has been sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/-.
(2.)Heard. We have perused the record.
(3.)The prosecution case as it was set up before the learned trial court is that Mst. Babli (hereinafter to be referred as the deceased) fell in love with the appellant (hereinafter to the referred as the accused). They married in the year 1991 against the wishes of her parents and the members of brotherhood. The marriage caused snapping of the deceased's ties with her parental family and brotherhood. Their marriage procreated a female child. Their love, however, did not last long and in the year 1994, they decided to part company of each other. The accused divorced the deceased by virtue of a written deed (Ex. PW-JU). The deceased shifted to the house of her real sister, PW-5, Shanti as she could not fall back to her parents. Even after their divorce, the accused, however, continued visiting the deceased at her place of residence despite protest by her. The prosecution case is that on 6.04.1994 the accused had come at the residence of the deceased at 7 P.M. He asked her to prepare meals for him. The deceased, however, replied that she was unable to serve meals to him as the wheat flour available with her was hardly sufficient to prepare food for her daughter and she had no money with her. The accused, however, insisted for serving meals to him. The deceased minced the flour available with her and started making the chapatis. She had prepared one chapati only when the accused picked up the stove, poured the kerosene upon her and set her ablaze. The accused thereafter bolted the door from outside and ran away. PW-3, Koushalya, noticed smoke coming out of the room of the deceased, she called PW-5 and went to the room of the deceased. PW-3 extinguished the fire by pouring water on the deceased. Other witnesses also reached there. The deceased was shifted to the District Hospital, Udhampur at 8:45 P.M. At 8:45 P.M., Police Post, Rehmbal received telephonic information about admission of the deceased in the hospital. PW-10, Head Constable, Parkash Chand proceeded to the hospital. He recorded statement of the deceased (Ex. PW-PC) in presence of the doctor. She stated inter alia that she was set ablaze by the accused. On his return, PW-10 entered report No. 9 dated 06.04.1994 in the daily diary of the Police Post and on its basis FIR No. 177/1994 was registered at Police Station, Udhampur and investigation was taken up.