BALDEO SINGH Vs. STATE

JUDGEMENT

(1.) This appeal, Under Section 374(2) of Cr.P.C. has been preferred against the judgment and order dated 9.12.1996, passed by Sessions Judge, Uttarkashi, in S.T. No. 8 of 1994 State v. Baldeo Singh, convicting accused Baldeo Singh Under Section 302 I.P.C. and sentencing him to imprisonment for life.

(2.) The brief facts of the prosecution case are that one Narain Puri lodged a first information report on 26.12.1993, at P.S. Kotwali Uttarkashi mentioning therein that on 26.12.1993 at about 9.45 P.M. Bhanu Pratap Singh came to his house and informed him that his daughter Savitri wife of Baldeo Singh has been burnt and the villagers have taken her to District Hospital, Uttarkashi. On this information, he reached District Hospital, Uttarkashi, and saw that whole body of his daughter was burnt and she was crying. She told him that her husband came in drunken condition to his house and when she expressed her opinion as to why he was wasting his money, her husband started beating her. At that time she was sitting in the kitchen where her husband poured kerosene oil upon her body and set her on fire. She further told him that earlier also Baldeo Singh used to beat her. On the basis of said report, Ext. Ka.1, chick F.I.R. Ext. Ka.7 was prepared and a case was registered against the accused in G.D. report No. 41, at 11.30 P.M. on 26.12.1993, carbon copy of which is Ext. Ka.8. The investigation of the case was entrusted to S.I. Jashwalal. On 27.12.1993 he recorded the statement of Smt. Savitri Devi in the hospital and seized the burnt clothes of the victim and iron jeriken, half filled with kerosene oil along with a matchbox from the place of occurrence and prepared recovery memo, Ext. Ka.10. He also prepared site-plan, ext. Ka.11, of the place of occurrence. He conducted inquest on the dead body of Smt. Savitri Devi on 28.12.1993 and prepared inquest report Ext. Ka.12. The I.O. also prepared Sketch dead body, Ext. Ka.13, Police Form No. 13, Ext. Ka.14, letters to C.M.O. Ext. Ka.15, and Ext. Ka.16.

(3.) The dying declaration of the victim Smt. Savitri Devi, Ext. Ka.5, was recorded by Sri Chhotey Lal Pasi, S.D.M. on 26.12.1993, at 11.15 P.M.