1. Based on the three dying declarations of the deceased Kamlesh, wife
of the appellant, Sunil Kumar has been convicted for the offence punishable
under Section 302 IPC.
2. The three dying declarations of Smt.Kamlesh were the MLC Ex.PW-
4/A, statements made to the Investigating Officer SI Satya Pal Sharma PW-
13, Ex.PW-6/C-1 on the basis of which FIR was registered and to the SDM
Smt.Devasri Mukherjee PW-11, Ex.PW-11/A.
3. In the MLC Ex.PW-4/A recorded at 11.15 a.m. on February 06, 1994
Kamlesh informed the doctor herself and it is recorded “history of alleged to
have sustained burn injuries when her husband set her on fire by pouring
kerosene oil over her”.
4. In the statement made to Inspector Satya Pal Singh PW-6/C-1 at
around 12.30 noon on February 06, 1994, Kamlesh stated that she was
CRL.A. 387/2000 Page 1 of 9
residing at 80A/4, Vasant Village. She was married to Sunil Kumar s/o
Inderjit Sharma around ten years ago and had two children named Deepak
aged 4 years and Neha aged 1½ years. For the last 8-9 months she was
residing at the said house on the first floor. Her husband Sunil Kumar was
addicted to smack and was not doing any work. Besides he also asked for
money from her and assaulted her. Sunil would sell small things of the
house and when Kamlesh stopped him he would beat her. On the said day,
in the morning at around 10.00 a.m. she was at home when Sunil brought
smack. She again objected, took the smack from him and threw it. Sunil
started beating her, poured kerosene oil on her and lit her by the matchstick.
When she shouted, her sister-in-law Savitri and other people came and
started dousing the fire. Later her husband also doused the fire but when
other men came he ran away. She was brought to the hospital by her
brother-in-law Satish and his wife.
Source: Indian Kanoon