(1.) The instant Criminal Appeal has been preferred by the State of Himachal Pradesh assailing the Final Judgment and Order dtd. 26/8/2014 passed by the High Court of Himachal Pradesh at Shimla [Hereinafter referred to as "the High Court"] in Criminal Appeal No. 295 of 2010, whereby the High Court allowed the appeal preferred by the respondent and set aside the judgment of conviction dtd. 16/7/2010 and the consequential order of sentence dtd. 3/8/2010 passed by the Sessions Judge, Chamba Division, Chamba, Himachal Pradesh [Hereinafter referred to as "the trial Court"] in Sessions Trial No. 19 of 2010, thereby acquitting the respondent of the charge under Sec. 302 of the Indian Penal Code, 1860 [For short, "IPC"].
(2.) The case of the prosecution is that on 7/12/2009, the respondent-husband Chaman Lal allegedly poured kerosene on his wife Saro Devi (deceased) at their residence situated in Village Rampur, Pargana Dhundi, Tehsil and District Chamba, Himachal Pradesh and set her on fire by lighting a matchstick. On seeing her engulfed in flames, some villagers rushed to her rescue and the respondent also attempted to extinguish the fire. Despite these efforts, the deceased sustained severe burn injuries. The information was conveyed to her brother, Ramesh Kumar, who arrived at the spot and made arrangements to take her to the District Hospital, Chamba where she was provided with medical treatment. After receiving initial treatment at Chamba, her condition did not improve and she was referred to Tanda Medical College and Hospital on 15/12/2009 where she was provided with further treatment. When the doctor opined that there was no chance of improvement, the brother of the deceased took her back to his home on 22/12/2009, after which he continued to look after her. On 15/1/2010, she succumbed to her injuries.
(3.) Based on the information given by the brother of the deceased, FIR No. 292 of 2009 was registered under Sec. 302 IPC against the respondent at Police Station Sadar, Chamba on 8/12/2009. During the investigation, it was revealed that the respondent had contracted a love marriage with the deceased and three children were born out of the said wedlock. However, their relationship had become strained and on the fateful day, i.e. on 7/12/2009, the accused poured kerosene upon the deceased and set her on fire, thereby causing her death. Upon information given by the brother of the deceased, ASI Mukesh Kumar came to the hospital. On his intimation, the Tehsildar of the Chamba region reached the hospital and recorded the statement of the deceased, which was treated as Dying Declaration.
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