IMPORTANT POINT
It cannot be a case of accidental fire where the dying declaration clearly sets out that the accused/husband was in the habit of ill-treating her and that on the morning in question he had abused her and he also poured kerosene over her and set fire to her.

JUDGMENT

Natarajan, J. - In this Appeal by Special Leave against the judgment of the High Court of Delhi in Criminal Appeal No. 169 of 1982 the appellant Surinder Kumar challenges his conviction under Section 302 I.P.C. and the sentence of life imprisonment and fine of Rs. 500/- in default of payment R.I. for 3 months, awarded there for. The appellant bas been found guilty of having committed the murder of his wife Chander Kanta by pouring kerosene over her and setting fire to her at about 7.10 A.M. on 7.10.1979, in a one-room apartment in house No. B.5/165, Paschim Vihar in New Delhi occupied by them. The conviction and sentence awarded by the Sessions Judge have been confirmed by the High Court, and hence this Appeal by Special Leave.

2. The appellant who had married Chander Kanta on 26.11.1978 was ill treating her because she had not brought adequate dowry and cash from her parents house. As per Chander Kantas statement the appellant was addicted to drinking and gambling.

3. On the day of occurrence P.W. 3 Sardar Gurbax Singh, the landlord of the house heard the cries of Channer Kanta and rushed out of his room adjoining the tenanted portion. He saw Chander Kanta lying engulfed in flames in the verandah adjoining the leased portion. He rushed to the verandah and along with the appellant who was also there he put out the flames. The appellant took Chander Kanta in a taxi to the Ram Manohar Lohia Hospital (previously known as Willingdon Hospital). Chander Kanta was examined by P.W. 7 Dr. Sharma and admitted in the Hospital. Intimation was sent to the Police Station about the admission of Chander Kanta in the Hospital. At 1.10 AM. P.W. 4 Dr. Surinder Singh certified that Chander Kanta was fit enough to make a statement. P.W 22 Om Prakash S.I. of Police recorded a statement Exhibit P.W. 1/A from Chander Kanta in the presence of P.W. 4 Dr. Surinder Singh, P.W. 16 Dr. J.C. Parida and P.W. 1 Gulam Chand. On the basis of Exhibit P.W. 1/A, a case was registered against the appellant, under Section 301 I.P.C. Chander Kanta died on 25.10.1919 due to septaecemia cased by burn injuries and thereafter the case was altered into one under Section 302 I.P.C.

4. The main evidence in the case is the dying declaration Exhibit P.W. 1/A given by Chander Kanta. The fact of Chander Kanta making the statement has been spoken to by the two doctors PWs. 4 and 16 and by the S.I. of Police P.W. 22. Besides, P.W. 2 Sham Sunder and P.W. 5 Chaman Lal, the brother and father respectively of Chander Kanta have also stated that they went and saw Chander Kanta at the Hospital on 7.10.1919 and she told them that it was the appellant who had poured kerosene over her and set fire to her.

5. The dying declarations of Chander Kanta, oral as well as written have been held to be truthful statements by the Sessions Judge and the High Court and constituting adequate evidence to convict the appellant for the offence of murder.

6. The conviction is, however, challenged by the appellant in this appeal and Shri Ranjit Kumar, learned counsel for the appellant sought to assail the findings of the Sessions Judge and High Court on various grounds. The several contentions advanced before us had been raised before the trial judge as well as the High Court and have been found to be unsustainable. Even so the learned counsel re-iterated those contentions and hence we shall briefly deal with them.

7. It was first submitted that Chander Kanta should have sustained the burns due to an accident or due to attempted suicide. If indeed Chander Kanta had sustained the burns in one of the suggested modes it is incomprehensible she would have accused her husband of having set fire to her after pouring kerosene over her. Moreover she was found to have sustained burn injuries on the face, neck, trunk and left lower and upper limbs. Her clothes were found by the Chemical Examiner to contain kerosene oil. Such extensive injuries and presence of kerosene in the clothes would not have been found if th