Appellant was charge sheeted for murder of Vimla and the trial Court as well as the High Court found him guilty of the said offence and companyvicted and sentenced him to imprisonment for life.
When the flames were up he brought water in a frantic effort to save her from death.
Appellant Kalu Ram had taken the risk of keeping two wives at the same time and later realised that it was companytly for him and one of the wives Vimla had died of burn injuries.
As she failed to ignite the match stick appellant companylected the match box and lit one match stick and set her ablaze.
He was then also drunk.
According to the prosecution version, he asked Vimla to spare her ornaments presumably for raising some more money for buying liquor.
He doused her with kerosene and wanted her to die and supplied a box of match sticks to her.
It all happened without any premeditation, when appellant ablaze Vimla on the evening of 23 3 93.
Subsequently he came across deceased Vimla who herself was a widow having a daughter by name Pooja P.W. 6 from her first marriage.
Subsequently the Munsif Magistrate P.W. 7 recorded her dying declaration.
The first wife of the appellant is Baby who was put up in his own house situated at different place.
A statement was recorded from her by the police which became the basis for the FIR.
She was later removed to the hospital.
Both the trial Court and the High Court relied on the two dying declarations proved in this case and came to the companyclusion that it was appellant who set her on blaze and caused her death.
Then appellant married Vimla and they were living together in a house different from the house where first wife Baby was residing.
But Vimla refused to part with her ornaments and that infuriated the appellant.
Hence this appeal by special leave.
Later she succumbed to her burn injuries.
