JUDGMENT OF THE COURT
The appellant before us is Parvin Singh Dhalay and we shall hereinafter refer to him simply as "the appellant". On the 30th day of January, 1997, the appellant was convicted and sentenced to death on an information that had charged him and another person not before us with the murder of one Kuldip Kaur Dhalay. The appellant and his co-accused Jagdeep Singh Dhalay were alleged to have murdered the deceased on the night of 5th December, 1995, at Lower Kabete Road, Nairobi. Jagdeep Singh Dhalay was acquitted by the trial judge (Aluoch J). Jagdeep was the son of the appellant while the deceased was the wife of the appellant. They lived together as a family in one house in Lower Kabete area of Nairobi.
On the evening of 5th December, 1995, the deceased was severely burnt while in their house and the appellant and his son Jagdeep rushed her to the M.P. Shah Hospital. Despite her grievous wounds, the deceased was still able to walk and talk to those who saw her at the hos…