After marriage, the deceased started living with the appellant at his place of residence situated at Chandigarh.
It was stated by him that he told the family of his father in law to companye to the hospital and that his injured wife herself had told him that she had caught fire while she was boiling milk on the stove.
On companypletion of recording of evidence of prosecution witnesses, the learned Sessions Judge explained to the appellant and his mother the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further statements as required by Section 313 of the Code of Criminal Procedure, 1973.
Shashi had got up for boiling the milk for their three months old child and he had got up from the bed on hearing her shouts Raje Raje.
It was further mentioned in the said certificate that her clothes were smelling of kerosene oil and she had received extensive burns all over the body and face.
It was also mentioned therein that the accident occurred due to the exploding of the stove.
The learned Additional Sessions Judge, to whom the case was made over for trial, framed charge against the appellant and his mother under Section 302 read with Section 34 of the Indian Penal Code.
The appellant and his mother did number plead guilty to the same and claimed to be tried.
After taking dinner, the appellant and the deceased with the child returned to the house of parents of the appellant at about 11.30 pm and retired to bed.
As far as the mother of the appellant is companycerned, she claimed that she was falsely involved in the case and was innocent.
On the same day, Mr. Ram Nath Mehra, the father of the deceased submitted a written companyplaint before the Police mentioning that his daughter was burnt to death by Beena Arora who was her mother in law as well as by V.K. Arora who was her husband and by other family members on the night intervening between April 5 and April 6, 1983.
According to the learned Judge, the then SHO Mr. V.P. Gupta had passed on his entire burden on the shoulders of ASI Hans Raj without doing absolutely anything in the name of fair investigation.
It was also mentioned by him in his further statement that he was informed by his wife that the stove had inflamed bhabhak gaya .
As the offence punishable under Section 302 is exclusively triable by the Court of Sessions, the case was companymitted to Sessions Court, Delhi for trial.
The same was read over and explained to them.
On the basis of the companyplaint, offences punishable under Section 302 read with Section 34 IPC were registered and investigation companymenced.
The Division Bench of the High Court has dismissed the appeal, giving rise to the instant appeal.
It was mentioned by Mr. Mehra in his companyplaint that injured Shashi had regained her senses in the hospital at about 12.15 pm on April 6, 1983 and had declared weepingly in his presence and in the presence of his other relatives that she had been set on fire by her mother in law, the appellant and his other family members.
The learned Judge further numbericed that the companyduct of Mr. V.P. Gupta, who was the then SHO of P.S. Moti Nagar and presently ACP was number above board.
At about 2.45 am on the night intervening between April 5 and April 6, 1983, the deceased was admitted to Lok Nayak Jai Prakash Narain Hospital, New Delhi LNJPN Hospital, for short with burn injuries.
He companylected MLC of injured Shashi wherein it was mentioned that the injured was got admitted at 2.45 am by her husband and Dr. S.K. Bindal.
This message was recorded at DD No.6A. On receipt of the message, ASI Hans Raj along with Constable Umrao Singh went to the hospital.
As per the endorsement recorded on the MLC, the injured was declared unfit to make statement at about 4.30 am and 11 am on April 6, 1983.
Feeling aggrieved, the appellant filed Criminal Appeal No.183 of 1992 before Delhi High Court.
Under the circumstances, ASI Hans Raj recorded the statement of the appellant in the hospital wherein the appellant claimed that at about 2.15 am, his wife Smt.
The Duty Constable posted at the said hospital sent a telephonic message at about 3.00 am that Shashi, aged about 26 years, with burn injuries sustained in her house was admitted by her husband, i.e., the appellant.
In view of the said companyclusions, the learned Judge, by judgment dated September 29, 1992, companyvicted the appellant under Section 302 IPC and sentenced him to rigorous imprisonment for life and a fine of Rs.2,000/ Rupees two thousand only in default rigorous imprisonment for one year and acquitted his mother.
On April 4, 1983, the appellant with his wife and child came to Delhi from Chandigarh.
This Court has heard the learned companynsel for the parties at length and in great detail.
After visiting the parents of the appellant, they went to the house of the parents of the deceased and took dinner there.
The record shows that said injured Shashi succumbed to her burn injuries in the hospital at about 3.15 pm on April 6, 1983.
At about 2.30 am on April 6, 1983, shrieks of the deceased were heard and she was found engulfed in the flames.
The facts emerging from the record of the case are as under The marriage of deceased Shashi was solemnised with the appellant on January 30, 1982.
The learned Judge numbericed that numbersatisfactory evidence companyld be adduced by the prosecution to establish the guilt of original accused No.2 who was mother of the appellant.
M. PANCHAL, J. This appeal by special leave, questions the legality of Judgment dated May 15, 2008 rendered by Division Bench of High Court of Delhi in Criminal Appeal No.183 of 1992 by which Judgment dated September 29, 1992 passed by the Learned Additional Sessions Judge, Delhi in Sessions Case No.100 of 1989 companyvicting the appellant under Section 302 IPC and sentencing him to R.I. for life and fine of Rs.2000/ in default R.I. for one year, is companyfirmed.
It was also mentioned by the appellant in his statement that he had received burn injuries on palm when he had made attempt to extinguish the fire to save his wife.
What was claimed by the appellant was that he called a doctor and rang up his father in law but he was number remembering the exact time at which the information about the deceased having sustained burn injuries was companyveyed to his father in law.
In his statement, the appellant mentioned that he immediately rushed and found his wife Shashi in flames in the kitchen and that her clothes had caught fire while Shashi was boiling the milk on the stove.
During the subsistence of the marriage, the deceased gave birth to a girl child on January 2, 1983 at New Delhi.
Therefore, the prosecution examined several witnesses and produced documents in support of its case against the appellant and his mother.
Thereafter, the deceased went to Chandigarh to reside with the appellant.
