SATPAL, J. - (1.)This appeal is directed against the judgment dated 28th April, 1994, passed by the Sessions Judge, Kurukshetra. By this judgment, the learned Sessions Judge has convicted the appellant for the offence under Section 302, IPC and also for the offence under Section 354, IPC. The learned Sessions Judge has awarded punishment of rigorous imprisonment for life and a fine of Rs. 5000/- (in default of payment of fine, to undergo further rigorous imprisonment for one year) for the offence under Section 302, IPC and he has awarded the punishment of rigorous imprisonment for one year and a fine of Rs. 500/- (in default of payment of fine, to undergo further rigorous imprisonment for six months) for the offence under Section 354, IPC.
(2.)A case under Sections 302/452/307/354/506, Indian Penal Code was registered against the appellant on 16th June, 1993, at PS Jhansa District Kurukshetra vide F.I.R. No. Exhibit PD/3 recorded at 6.15 p.m. on the basis of the statement of the deceased Savita daughter of Jagdish Singh, PW 15. The said statement was recorded by Jogi Ram ASI, PW 17 of 5.30 p.m. after Dr. Surinder Kumar, PW 1 Medical Officer, Primary Health Centre, village Jhansa had given a certificate that Savita was fit to make a statement and the same runs as under :
"I am a resident of Ajrana Kalan, Kartar Singh Jat Sikh runs a shop of a doctor about 50 yards from our house and we get medicines from him occasionally for minor ailments. 4 or 5 days prior to today, Kartar Singh came to our house. I was alone at my house. On seeing me alone inside the house, Dr. Kartar Singh closed (bolted) the door from inside and the said doctor started teasing me (Cherkhani Karne Laga) and he attempted to untie the string of my Salwar. I tried to raise a noise. Thereupon, Kartar Singh placed his hands upon my mouth. In the meantime, my mother knocked the door from outside and gave a call. Kartar Singh felt frightened and his hand slipped from my mouth. I ran and opened the bolt of the door from inside. Dr. Kartar Singh opened the other door of the house and ran away. I narrated the whole occurrence to my mother, but my mother said nothing due to shame. I regarded the whole incident as a source of ill fame to me and continued to feel insulted. Today, Dr. Kartar Singh opened his shop. I went there and told him that he had insulted me very badly. Thereupon, the doctor asked me to leave the place, failing which he would kill me. I went to my house, sprinkled kerosene oil upon me and came back to the shop of the doctor. I asked him to kill me. Dr. Kartar Singh became angry all of a sudden and put a burning match stick on my body. As a result of which my clothes caught fire and I started running here and there due to pain. I became unconscious and I came to my senses in the hospital. Now, I am in full senses. I have heard my statement which is correct."

(3.)It is further the case of the prosecution that ASI Jogi Ram (PW 17) started investigation at the spot and recorded the statements of Jagdish Singh, Smt. Kela Devi, parents of the ill-fated Savita and that of Dr. Surinder Kumar. He prepared the rough site plans Exhibits PQ and PQ/1, partially burnt curtain (Exhibit P-3) and Chappals (Exhibit P4/1 and P4/2) belonging to Savita were seized by him from inside the shop of the appellant and he sealed them into a parcel. He also recorded the statements of Phool Singh, Jai Pal Singh, Rohtash and Hari Singh under Section 161, Cr. P.C. The case property was deposited with the MHC who sent the same for chemical examination.