STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR CHOPRA

JUDGEMENT

(1.) These two appeals, one by the State and the other by Shri M. L. Chadha, father of the deceased, are filed against the judgment of the High court acquitting the respondents-accused. The trial court convicted them under S. 302/34 Indian Penal Code and sentenced each of them to undergo imprisonment for life. The appeal preferred by them was allowed by the High court and they were acquitted.

(2.) The prosecution case is as follows. Shri R. K. Chopra, A-2 is the father and Mrs Santosh Chopra, A-3 is the mother of A-1 Anil Chopra. The deceased Mrs Kiran Chopra was married to A-1 in the year 1981 who was employed as Administrative-cum-Personnel Officer with Cement Corporation of India, Rajban. After marriage A-1 and the deceased lived in their flat at Rajban. In July 1981, A-2 retired from service. Thereafter he and his wife A-3 also joined A-1 and the deceased at Rajban and continued to live there. In December 1981 the deceased gave birth to a son. Thus the family living at Rajban at the time of occurrence comprised of the three accused, the deceased and the infant child.

(3.) A-1 used to come home for lunch on working days. On 20/8/1982 also as usual A-1 came home for lunch at about I p. m. and after lunch he returned to his office at 2 p. m. A few minutes thereafter an alarm was heard from the house of the accused "jal GAI JAL GAI BACHAO BACHAO'. Attracted by this alarm, several persons gathered. Dr Sadiqi, Public Witness 2, Ashok Bhatia, Public Witness 13 and Mrs Kanan Sarkar, Public Witness 15 were among the persons who reached the scene of occurrence soon after the alarm was heard. They found the deceased lying flat on the floor of the gallery outside the kitchen with extensive burns all over the body. The burns were estimated at 90% to 95%. and the water flushed in the gallery where the deceased was lying, was emitting smell of kerosene. In the meanwhile A-2 rang up the office of his son A-1 and conveyed the news. A-1 rushed home on his motorcycle. He sought advice from Public Witness 2 as to what should be done and as advised by him A-1 took the deceased to Civil Hospital, Paonta Sahib, the nearest medical centre, in his own car. Mrs Kanan Sarkar, Public Witness 15 who at the relevant time was employed as a nurse in the Health Centre of Cement Corporation of India also accompanied them in the same car. Public Witness 2 and A-2 followed in a separate vehicle. They reached the Civil Hospital at about 2.30 p. m. Dr Surender Gandhi, Public Witness 1 who was incharge there, examined the deceased, rendered some medical aid and advised the accused to take her to some better hospital. They accordingly took the deceased to Harbertpur Mission Hospital which is about 9 kms. away from Paonta Sahib and which is awell-equipped hospital. They reached there at about 3.30 p. m. and PWs 2 and 15 were also with the deceased at that time. Dr Claudius, Medical Superintendent, Public Witness 5 admitted her in the Hospital. He examined the deceased and found burns all over the body except scalp. Public Witness 5 gave Pathedine Injection 100 mg and another dose of 50 mg at 5 p. m. Before that at 4 p. m. , Public Witness 5 prepared the patient chart. Ex. PC-20 in which he recorded the history of the patient and it reads thus: