Judgment

Quadri, J.-On October 8, 1987, the learned VII Additional Sessions Judge, Dhanbad convicted the appellant, in S.C. No. 80 of 1986, for an offence punishable under Section 302, IPC for committing the murder of his wife, Smt. Shivratri Devi, by causing burn injuries and sentenced him to imprisonment for life after trying him for offences under Section 377 IPC, for committing sodomy with P.W. 2, and under Section 302, IPC for intentionally causing death of his wife on November 13, 1985. The conviction of the appellant was upheld by the Division Bench of Patna High Court in Criminal Appeal No. 207 of 1987 (R) on August 5, 1988. Against that judgment of the High Court, he filed this appeal by special leave.

2. The appellant was working as the Officer-in-charge, Tisra P.S. in November, 1985 but was residing with his family in the quarters allot­ted to him at his former place of posting within the compound of Jharia P.S. He had a servant, Narsingh Kumar (P.W. 2), aged about 16 years, with whom he was indulging in carnal intercourse which led to strained relations between him and his wife. At about 8.00 A.M., on November 13, 1985, after throwing kerosene oil on her person, he set fi