DEV SINGH Vs. STATE

JUDGEMENT

(1.) This appeal preferred under Section 374 read with Section 389 Cr.P.C. is directed against the judgment and order dated 15.2.1997 passed by Special Judge/Additional Sessions Judge, Nainital in Sessions Trial No. 515 of 1995 State versus Dev Singh convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Brief facts of the case are that a telephonic message was received by the police of Tallital to the effect that the lady had certain burn injuries which were caused by her own husband Dev Singh resident of Stonelay Compound Tallital, Nainital. On receiving this information S.I. Kamal Ram Arya (PW- 4) rushed to the District Hospital, Mallital, Nainital and on way he found that the said lady was being taken to the hospital by her husband and the other residents of the locality. He also reached the hospital and had a talk with the said Deepa @ Deika. She told him that her husband Dev Singh poured kerosene oil on her body and set her on fire because he was addict of alcohol and she was pressing him to leave the said habit and due to that reason a murderous attempt was made on her. So on receiving the said information Sri Kamal Ram Arya returned back to the police station and got prepared the check report and registered a case under Section 307 I.P.C. against the accused Dev Singh. In the meantime, Dr. K.K. Bhatt (PW-8) medico-legally examined the injured and sent information to the police with regard to Deepa having been admitted in the hospital in a burn condition. Sri B. Prasad, Naib Tehsildar (PW-6) reached the hospital and recorded the statement of Smt. Deepa (Ex. Ka.4) in the presence of Dr. M.C. Joshi (PW-7), who has given the certificate that patient was fit for giving the statement. Since the said injured died on the next day, the case was altered from Section 307 I.P.C. to Section 302 I.P.C. The dead body of the deceased Smt. Deepa was sent for postmortem and the autopsy was conducted by Dr. Anil Sah (PW-1). He found that the deceased had received 98% burn injuries. PW-1 has opined that cause of death was on account of shock due to extensive ante mortem burn injuries. The investigation of the case was taken up by Dharmpal Singh (PW-9), who collected the bottle containing kerosene oil and the partly burnt clothes, a match box and a match stick from the place of incident and prepared recovery memo (Ext.Ka.1). He has also proved the site plan (Ext.Ka.9). After completion of the investigation charge sheet was submitted against the accused.

(3.) After submission of the charge sheet, case of the accused-appellant was committed to the court of Sessions and the learned Addl. Sessions Judge after hearing the parties framed charge of offence punishable under Section 302 I.P.C. against accused-appellant. The accused pleaded not guilty and claimed to be tried.