Per: Virender Singh, J.

1. Appellant- Joginder Singh (hereinafter to be referred to as `accused’) S/o Sh. Shiv Lal after having been convicted vide impugned judgment dated 03.07.2009 of learned Additional Sessions Judge, Doda for the charge of Section 302 Ranbir Penal Code is before us through Cr. Appeal No.40/2009. He has been sentenced to undergo rigorous imprisonment for life and also to pay fine to the tune of Rs.10,000/-. However, the sentence slapped upon him is subject to confirmation of this Court. As such, Confirmation No.14/2009.

2. Mst. Goran Devi, mother of accused Joginder Singh, who was also charged alongwith him for the offences punishable under Section 302/109/498-A RPC stands acquitted by the trial Court. State has not preferred any appeal against the acquittal earned by her.

Facts of the case, in brief:

3. Babli Devi, wife of accused-Joginder Singh, is the deceased in this case, who after receiving burn injuries on the night intervening 26th/27th of May, 2003 was got admitted in Govt. Hospital Doda upon an intimation sent to the police, the concerned police official through a docket approached the doctor to know, whether injured Babli Devi was in a position to make the statement. She was found to be not in that position. On 27.05.2003 itself, she was referred to GMC Jammu. PW Tara Chand Head Constable, was deputed for recording her statement. On 30.05.2003, it was recorded after obtaining the certificate of the attending doctor and sent to the Police Station Doda on 03.06.2003, upon which a formal F.I.R. No.77/2003 was initially registered under Section 307/109 RPC. The complete statement in vernacular (urdu) when translated into English version, reads as under:-

"Statement of Mst. Babli Devi w/o Joginder Singh caste Bhagat resident of Thathri at present Nagri Doda, age 26 years, occupation House wife dated 30.05.2003

Stated that deponent is a resident of above mentioned address and is house wife by occupation. About four years ago, her parents got her married to Joginder Singh S/o Shiv Lal R/o Thathri. She has a daughter aged 3 years approximately. 5/6 months after her marriage, her mother-in-law Mst. Goran Devi started quarrelling with her on trifles and used to tell her husband that she is not performing her routine work and her husband also used to pick up quarrel with her and also used to beat her quite often without any reason. This continued for about three years. On being fed up with all this, she went to her maternal home and narrated the treatment meted out to her by her mother-in-law and the husband who used to beat her, upon which she lodged a application in the Court of Chief Judicial Magistrate, Doda seeking justice to her and with the intervention of the Court, her husband started living with her in a rented accommodation at Nagri Doda separately. Her husband started working as an employee in one STD. The attitude of her husband to her remained good till her mother-in-law and relatives started coming there. The moment her mother-in-law and relatives started visiting her place at Nagri Doda, the husband again started quarrelling and beating her. On 26th of May, 2003 she was in her rented accommodation, her husband was in the STD and she prepared the meal and waiting for the arrival of her husband. At that time, her daughter was sleeping. On his arrival at 10 p.m., he started quarrelling with her and caught hold from her neck and started giving beatings to her. He then poured kerosene oil upon her which was kept in a plastic gallon and set ablaze her person and clothes with a match stick. By the time she raised an alarm, the fire had already engulfed her and she became unconscious. On regaining the conscious, she found herself to be admitted in GMC Jammu. On being instigated by her mother-in-law, her husband has set her ablaze after pouring kerosene oil on her, as a result of which, her face, throat, both upper limbs, chest, waist and legs bears the injury marks. At this time I am being hospitalized in

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