VIJAY KUMAR GURANG Vs. STATE

JUDGEMENT

(1.) THIS appeal, has been preferred against the judgment and order dated 11 -12 -2006, passed by Sessions Judge, Dehradun, in S.T. No. 2 of 2005, convicting the accused/appellant Vijay Kumar Gurang for an offence punishable Under Section 302 I.P.C. and sentencing him to undergo life imprisonment.

(2.) BRIEF facts of the prosecution case are that Chandra Gurang (deceased) was the wife of accused Vijay Kumar Gurang and both were residing in the house of Ravindra Pal on rental basis for the last 7 -8 months, in Wing No. 6, Barrack No. 5/6, P.S. Cantt, Dehradun. They had three children. The complainant Kiran Devi was the sister of deceased and at the time of incident she was residing at Brahmanwala Niranjanpur, P.S. Patel Nagar, Dehradun. On 5.11.2004, at about 7.30 P.M. Ravindra Pal, landlord of the accused, informed Kiran Devi that the accused poured kerosene oil on the deceased and put her ablaze. On receiving this information, Kiran Devi came to the house of accused and there she came to know that deceased is lying in the hospital. She prepared report, Ext. Ka.1 and same day lodged it at Reporting Out Post Prem Nagar, P.S. Cantt Dehradun at 11.15 p.m., whereupon chick F.I.R., Ext. Ka.2 was drawn and a case Under Section 307 I.P.C. was registered against the accused/appellant in the G.D. Report No. 17, carbon copy of which is Ext. Ka.3. The prosecution case further is that accused himself has taken the deceased to Doon Hospital and at 8.10 A.M. The deceased was examined by Dr. D.P. Joshi, who found 90% to 95% superficial deep burn injuries on the whole of her body except front portion of the left knee. Smell of kerosene oil was found on the body of the deceased. The deceased was referred to Surgeon and the doctor prepared injury report Ext. Ka.7. As the hands of the deceased were found burnt, therefore, thumb impression of her right toe was taken by the doctor. As the accused had informed the doctor that it was an accidental case, hence police was informed and under the instructions of S.D.M. Dehradun on telephone, Sri Manbar Singh Kandari, Naib Tehsildar, Dehradun came to Doon Hospital to record the dying declaration of the deceased. He found the deceased in fit conscious condition to make a statement and in the presence of the Medical Officer, he recorded the statement, Ext. Ka.6, of the deceased between 9.00 -9.10 P.M. Before recording the statement of the deceased, the Tehsildar has obtained the certificate from Medical Officer regarding her mental condition of the patient, Ext. Ka.9 and after conclusion of the dying declaration, the Medical Officer again gave certificate, Ext. Ka.10.

(3.) AUTOPSY on the dead body was done on 7.11.2004, by Dr. S.N. Khatri and found completely burnt body of the deceased, except lateral aspect of the forearm, sole and fingers were also found burnt. The Medical Officer found the percentage of burn at 90% with line of redness present. He prepared autopsy report, Ext. Ka.19. In the opinion of the doctor the deceased had died on account of coma and shock as a result of ante -mortem deep burn injuries. On 6.11.2004, the further investigation was taken up by Sri V.K. Sharma and after completing the investigation, he submitted charge sheet, Ext. Ka.12 against the accused.