Judgment

A.P. Misra, J.-The appellant, Kishan Lal, husband of deceased Smt. Sulochana has filed this appeal against his conviction under Section 302 read with Section 34 of the Indian Penal Code (hereinafter re­ferred to as “I.P.C.”)

2. The High Court convicted the appellant on an appeal filed by the State against an order of acquittal passed by the Additional Sessions Judge. The brief facts are that Smt. Sulochana, according to the prosecution case, was sleeping on the intervening night between 11th and 12th Septmenber, 1976 with the mother of the appellant on a sepa­rate cot when she was burnt by sprinkling kerosence oil on her chest. She was shifted to the hospital at Pilibanga at 2.00 a.m. Doctor of the hospital sent information to SHO Police Station Lekhuwali on which investigation started. At 4.30 a.m. police recorded the statement of the deceased. The statement recorded by the police was not brought on the record by the prosecution. She was initially treated at Pilibanga hospital and was later shifted to Bikaner Hospital. While in the hospital on the 17th September, 1976, Smt. Sulochana gave birth to a macerated male child. On 28th October, 1976 skin grafting was done on her.

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