Malik Sharief-nd-din,j.

( 1 ) IN case FIR No. 939 police station Moti Nagar, West Delhi, Shri S. C. Jain, Additional Sessions Judge, Delhi, convicted the appellant Jagdish Lal Malhotra under section 32 Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. The court on trial of the appellant came to the conclusion that on the night intervening 22nd and 23rd October 1979 between 3. 30 AM to 3. 45 AM the appellant had sprinkled Kerosin oil on his wife, Smt. Santosh Malhotra and set her on fire. This was done by the appellant while she had gone to the bath room for urination. He further found that as a result of this the deceased Santosh Malhotra got 100% burns consequent to which she died in the Willingdon Hospital at 8. 15 AM on 23rd October, 1979.

( 2 ) THE relevant facts are that the appellant was married to Santosh Malhotra deceased in the year 1960. The married life of the couple proved to be unhappy as they used to quarrel constantly. The deceased had given birth to two daughters and a son. On the night intervening 22nd and 23rd October 1979 between 3. 30 to 3. 45 A. M. the deceased Santosh Malhotra is stated to have got up and gone to the bath room for

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