NARESH V. STATE OF NCT OF DELHI, CITATION: 2024 (SC) 37
FACTS: FIR against the appellant was first registered under Section 307 IPC, when his wife was admitted in a hospital with burn injuries and gave a statement against him. As she later succumbed to her injuries, Section 302 IPC was added. In her dying declaration, the appellant's wife had stated that he was an alcoholic, who used to beat her when she would not give him money for buying liquor. On the day of the incident, he had come home in a drunken state and raised similar demand. When she refused and told him to go sleep, the appellant poured kerosene on her and set her on fire. Later, he tried to pour water over her to douse the fire.
The appellant was convicted by the Trial Court under Section 302 IPC and sentenced to undergo life imprisonment. The decision of the Trial Court was upheld by the High Court. In 2012, the appellant moved the Supreme Court. The appeal was admitted.
ISSUE: Whether set fire without intention to kill amounts to cruelty?
DECISION: The appellant's case before the Supreme Court was that he did not have any intention to kill his wife as after pouring kerosene on his wife, the appellant had tried to extinguish the fire by pouring a bucket of water over her. Thus, it was contended, the case fell under Part 1 of Section 304 IPC and not Section 302.
After hearing the submissions and perusing the material, the Bench observed that the plea sought to be raised before it on behalf of the appellant was neither raised as a defense during trial, nor at the time of recording of his statement under Section 313 CrPC. Finding no infirmity in the impugned judgments, the appeal was dismissed.
