1 This appeal has been filed by the appellant Balbir Singh (here-in-after referred to as the accused) against his conviction for the commission of murder of his wife Smt. Rajinder Kour and sentence of death awarded to him by the learned Sessions Judge, Poonch, by his order dated 17-4-1990.

2 The prosecution case which owes its origin to the dying declaration of the deceased Smt. Rajinder Kour, shortly relates that the deceased Rajinder Kour was married to the accused Balbir Singh and one boy and a girl had born out of this wedlock, who are alive. Her sister Smt. Gurjeet Kour got married to her brother-in-law Darshan Singh (Younger brother of the accused) on the date of occurrence and this marriage had taken place at the instance of her husband. Some days earlier to the eventful day, her husband was declaring that he would not allow this marriage to take place. When the marriage party returned home at 10 A.M. on 7-10-1987 her husband got infuriated and he had not also formed the marriage party. Short-while after the barat came back to home her husband asked the deceased to bring some fresh water. She got some fresh water and sat beside her husband. He (accused) took up a gallon containing kerosene oil in his hands and sprinkled it upon her and set her ablaze with a match stick. He was telling her that, in case her sister got married in their house, he would do away with her life. Her husband was not having good relations with his brother and father and, for that reason, he disliked her sister getting married to his brother Such dying declaration of the deceased was recorded by the S.H.O. Poonch under EXPW. BAM in presence of Dr. Bashir Ahmad Malik. On this report forwarded by S H.O. to the Police Station Poonch, a case Under Section 307 of the RPC was registered against the accused. During investigation of the case, the deceased died in the hospital on 13-10-1987 by succumbing to the 100% burn injuries sustained by her from burning, at the hands of the accused with an intention to kill her for she could not prevail upon her parents and sister to see that her sister Gurjeet Kour was not married to the brother of the accused.

3 Soon after the registration of the case, the site-plan EXPW. TH was prepared and one matchbox and some other articles vide seizure memo EXPDS/1, EXPDS/2 and EXPDS/3, were seized by the police including one handkerchief of the accused vide seizure memo EXP. DS. Also some clay with kerosene smell was seized under EXP. DS/4

4 The prosecution examined 15 witnesses and nobody was examined in defence.

5 There is no eye-witnesses to testify to the act of setting fire to Raiinder Kour, which is the prosecution case or the fact of the Rajinder Kour™s catching fire accidentally, as alleged by the defence.

6 The learned Court below convicted the appellant on the basis of circumstantial evidence. The circumstances established against the accused, are:

i) The dying declaration of the deceased recorded by S.H.O. Talab Hussain, wherein it is alleged that the accused sprinkled kerosene oil on the person of the deceased and set her on fire after litting a matchstick, and such a statement of the deceased was recorded in presence of PW Dr. Bashir Ahmad Malik;

ii) Oral dying declaration of the deceased made by her before her father PW Lal Singh, who visited her in the hospital and, before when, she had stated that the accused being annoyed for her another sister getting married to the brother of the accused, sprinkled kerosene oil upon her and put her ablaze, after litting a match stick;

iii) Medical evidence of Dr. Bashir Ahmad Malik stating that the deceased died on. 13-10-1987 and her cause of death was teximia due to burns, which led to cardie respiratory failure and death of the deceased; and

iv) Motive.

The Rajinder Kour who was burnt at the relevant point of time has never been in dispute. There could be three alternatives for her being burnt ;

i) Suicide;

ii) Accidental fire; and

iii) Being put on fire.

7 The plea of suicide

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