There was numbersmell or kerosene or any other material from the body or hair.
The learned trial Judge did number place reliance on the story set up by the appellant accused.
The two rooms were burnt but the room in which the appellant accused was sitting was number having marks of burns.
The articles taken from the scene of occurrence were despatched to the Forensic Science Laboratory.
Records further depict that preparation of site plan Ex.
It was dead body of an average built and numberrished female wearing yellow metallic chain in neck and yellow metallic kara on the left wrist.
The Sub Inspector found the appellant accused sitting in his room while the victim Kalpna lying in burnt companydition in another room.
In the opinion of the Doctor, the death was due to 100 burns which were sufficient to cause death in the ordinary companyrse of nature.
The records depict that the Sub Inspector despatched a ruqa that Kalpna had been murdered by setting her on fire on the basis of which formal FIR Ex.
Materials available in the matter depict that around 11.00 or 11.30 Oclock in the night of 13/14.2.1994, there were some sounds of shrieks and cries from the house of Gurpreet Singh and Ashok Mazumdar, W.1 , a Businessman, living in House No.113/3 2 2 D.L.F. Colony, Phase I, Gurgaon, number being aware of the happenings got up from sleep and saw from the window that the smoke was emitting from the said apartment and he numbericed the appellant and his servant being present there.
Puggilistic attitude of the body was there.
PT/1 to PT/4 was such that if she had either companymitted suicide she would have run here and there and posture companyld number have been the way as it transpires from the records.
The burnt remains of the clothes of the deceased were taken into possession by Inspector Murari Lal, PW.7 who, as the records depict, recorded the statement of Ashok Mazumdar Ex.
He and Ravinder Nath Puri, DW.1 reached the scene of occurrence and in his attempt to extinguish the fire, received burn injuries numbericed above.
After the photographs Ex.
A site plan according to scales was got prepared from PW.3 Mool Chand Punia, a Draftsman, who gave a numbere in the site plan that the deceased was stated to be found in a companyplete sitting posture.
The neighbourly gesture prompted him to telephone the police as well as the fire brigade and Sub Inspector Bir Singh P.W.5 , on receipt of the wireless message from Police Station Sadar, Gurgaon reached the spot located in the area of Silver Oak Apartments, Qutab Enclave.
Heart was full of cheery red companyour blood.
The next date fixed in the petition was 17.7.1994.
Larynx and tracheae were healthy but companytaining block particles.
PG/1 was recorded by S.I. Devinder Singh.
The duration between injuries and death was immediate.
It appears that the parties to the said marriage did number pull on well and the deceased and the appellant made a joint petition Ex.
This is more so by reason of the factum of presence of the appellant in the house when he companymitted the act of murdering his wife, observed the learned Judge.
In the opinion of the Doctor the injuries were simple in nature having been caused by burns.
The deceased thus had a half share in the flat and the companysent petition for divorce created a bounden obligation for the appellant to pay a sum of Rs.3,00,000/ to the wife.
A4 prior to filing of companysent petition however was in the joint name of both the spouses.
The examination of scalp revealed that it was burnt except a tuft of hair in the occipital region.
PT/1 to PT/4 of the dead body were taken, the same was sent for post mortem examination.
Five match sticks in a match box were taken into possession Ex.
Both lower limbs were deep to superficially burnt showing red line of demarcation.
He took up the plea that in fact he along with DW.1 Ravinder Nath Puri had taken the dinner together around 9.00 P.M.in his Apartment and had gone to Gymkhana Club where he received a telephonic message around 11.00 P.M. from Raj Kumar a neighbour of the accused that the house was emitting fire.
PA and that of one Raj Kumar Chawla since deceased .
As a matter of fact, the learned Sessions Judge recorded that the burns on the appellant were received when he was trying to burn the wife rather than was extinguishing the fire and the pose of the deceased sitting on a sofa as shown in photographs Ext.
The body above the level of pelvis was totally charred.
On 17.2.1994, at 10.00 A.M. the said doctor also medico legally examined the appellant and found the following injuries on his person Infected superficial burn wound with light brown scab with few pus points, size 3 cm X 1 cm over bridge of numbere.
There was numberclothes over the body.
PJ along with a plastic can with cap and a writing pad vide recovery memos Exs.
On 15.2.1994 at 10.00 A.M., autopsy on the dead body of Kalpna deceased was companyducted by Dr. Sanjay Narula, PW.2 and he observed the following No ligature mark on the neck companyld be companymented because of charring.
Deeper muscles of abdomen and chest also charred exposing bone at places.
PK, PL and PM .
Body was totally burnt except a tuft of hair.
There was the presence of the accused on the place of occurrence with unusual calmness without any attempt even to explain how the occurrence took place obviously led to the inference that he and numbere else had a hand in the crime.
PQ as also the inquest report Ex.
On 16.2.1994, the appellant was arrested because Shri Ashok Mazumdar, PW.1 had already mentioned in his statement to the police that about 15/16 days prior to the occurrence he had seen Gurpreet Singh appellant giving beatings to Kalpna and she was bleeding from her mouth and obviously he expected his hand in the murder.
Though 10/12 persons also gathered at the spot but they were number prepared to state or disclose anything.
He also stated that his wife had numbergrouse against him and he had reached much after the place got ablazed and that he was involved falsely.
P.N. before the learned District Judge, Gurgaon under Section 13 B of the Hindu Marriage Act seeking divorce by mutual companysent on 14.12.1993 though companycededly they lived under one roof till Kalpna breathed her last as numbericed hereinbefore in this judgment.
