MADAN B. LOKUR, J.

( 1 ) THE Appellant is aggrieved by the judgment and order dated 27th February, 2002 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 170/1997. By the impugned judgment and order, the Appellant was convicted of having committed an offence punishable under Section 302 of the Indian Penal code (for short IPC ). Subsequently, the Appellant was heard on the question of sentence and by an order dated 5th March, 2002, he was sentenced to undergo imprisonment for life.

( 2 ) THE deceased, Laxmi Kanta, was an employee with the Central Reserve police Force (for short the CRPF ). On 23rd October, 1996, police station najafgarh received intimation that a woman was burning in Naveen Place Colony, jharoda Road, Najafgarh, New Delhi. The report indicated that the woman was an employee of the CRPF.

( 3 ) ON receipt of the information, the police went to the spot and came to know that the woman, Laxmi Kanta, had been removed to the CRPF Base Hospital in a police van. When the police reached the CRPF Base Hospital, they came to know that she had been referred to Safdarjung Hospital.

( 4 ) IT appears that in the meanwhile, Laxmi Kanta had informed the doctor in CRPF Base Hospital that her husband, Jaya Kumar Nair, the Appellant had poured kerosene oil on her and set her on fire. She gave similar information to her Commanding Officer who had come to see her in the Base Hospital.

( 5 ) THE police reached Safdarjung Hospital and made inquiries from the doctor on duty and were informed that the deceased was fit to make a statement. Accordingly, the Investigating Officer Constable Vinod Kumar recorded her statement in which she stated that her husband had poured kerosene oil on her and lit a matchstick and threw it on her as a result of which her saree caught fire.

( 6 ) SUBSEQUENTLY, Laxmi Kanta succumbed to the burns and died on 28th october, 1996. The police then completed their investigations and a challan under Section 173 of the Code of Criminal Procedure (for short Cr. PC) was filed.

( 7 ) ON 7th May, 1997, the following charge was framed against the Appellant-"that on 23. 10. 96 at 9 p. m. Navin Place Colony near Kali Payau, Najafgarh, jharoda Road, New Delhi, within the jurisdiction of PS Najafgarh, you had committed murder of Ms. Laxmi Kanta and thereby committed an offence punishable u/s 302 IPC, within my cognizance. "

( 8 ) THE accused pleaded not guilty and accordingly a trial was held. The appellant did not lead any evidence in his defence.

( 9 ) THE evidence on record shows that PW-1 Anil Kumar who was a neighbour of the deceased stated that on 23rd October, 1996 he heard shouts from Laxmi kanta. He immediately came out of his room and saw Laxmi Kanta burning. He extinguished the fire with the help of his mother and soon thereafter the police came. He stated that he did not know how Laxmi Kanta had caught fire but he pointed out the place in the open chowk (courtyard) where her burnt clothes were lying. Significantly, he stated that the Appellant was not present in the courtyard when Laxmi Kanta was on fire.

( 10 ) PW-2 Dr. S. N. Patnayak from the CRPF Base Hospital proved the MLC exhibit PW-2/a in which it is recorded that Laxmi Kanta had stated that her husband had poured kerosene on her body at about 9. 00 pm on 23rd October, 1996 and lit it. He noted the burns on her body and after initial treatment the deceased was sent to Safdarjung Hospital for further treatment and the police informed. In his cross-examination, he stated that the deceased was fully conscious but was crying due to pain.

( 11 ) THE brother of the deceased, that is, R. Delny entered the witness box as PW-3. He stated that the deceased was married to the Appellant some time in 1990. During the first year of marriage, the couple lived happily and thereafter they began quarreling and that the Appellant often demanded some money from him. This witness was declared hostile.

( 12 ) INSPECTOR Neeraj Tyagi who was the Off