STATE OF UTTARANCHAL Vs. RAJU RANA

JUDGEMENT

(1.) This appeal, preferred under Section 378 of the Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure ), is directed against the judgment and order dated 12.12.2000 passed by 1st Addl. Sessions Judge, Dehradun in Session Trial No. 147 of 1996, whereby said Court has acquitted the accused/Respondent Raju Rana from the charge of offences punishable under Section 302, 326 and 498-A of the Indian Penal Code, 1860 (for short I.P.C.).

(2.) Prosecution story, in brief, is that Manju Devi (deceased) was the wife of accused/Respondent Raju Rana. Two children were born out of the wedlock. Accused/Respondent used to run a tailoring shop in village Rajawala within the limits of Police Station Sahaspur in District Dehradun. His in-laws also used to live in the same village. Accused/Respondent used to have his food from his in-laws' place. On 13.12.1995 at about 8:00 p.m. Manju Devi went to her husband's shop for taking wool to knit a sweater, and she also took food for her husband. At that time accused/Respondent had gone to drink liquor. Manju started watching television in the shop. After sometime accused/Respondent came back, in a drunken state, and he closed the shutter from inside. He started unclothing his wife Manju. On being resisted, he torn off her sweater. Accused/Respondent Raju Rana, then poured kerosene bottle on his wife Manju and set her on fire. Manju shouted for help. The neighbours, including Bishan Singh (P.W.3), came and started beating the shutters asked the couple to open the shop. As soon as the shutter opened, Manju, badly suffering from burn injuries, ran towards her parental house and fell down. Her husband accused/Respondent Raju Rana also ran away. Manju was taken to Doon Hospital, Dehradun for medical treatment, where she was admitted on the very day i.e. on 13.12.1995 at 10:15 p.m. PW-1 Dr. G.P. Singh, Medical Officer of Doon Hospital, Dehradun, who was on emergency duty, recorded the burn injuries found on the person of Manju and prepared injury report (Ext.A-5). The said Medical Officer observed hundred percent (100% top to bottom) burn injuries superficial to deep, with redness in the skin and singeing of hair. It appears that from the hospital necessary information was sent to the Police. PW-8 Surendra Ram, Sub Divisional Magistrate, Sadar, Dehradun recorded dying declaration (Ext.A-10) of Smt. Manju at about 00:30 hrs. in the intervening night of 13/14.12.1995, in which she stated that her husband Raju (accused/Respondent) poured kerosene oil on her at about 8:15 p.m. and set her on fire. She further stated, in the dying declaration, that her husband used to quarrel with her. The said statement was recorded by the Magistrate, after taking endorsement from the Medical Officer that the victim was in a fit condition to make statement.

(3.) On the next day i.e. on 15.12.1995, PW-1 Ashish Kumar (brother of the deceased) lodged First Information Report (Ext.A-1) at Police Station Sahaspur on the basis of which a crime No. 200 of 1995 was registered in respect of offences punishable under Section 326, 308 and 498-A I.P.C. However, Manju succumbed to the burn injuries on 16.12.1995 and the case crime number was converted relating to the offence punishable under Section 302 I.P.C. Initially, the crime was investigated by PW-11 Sub Inspector Rajendra Singh, whereafter it was taken over by PW-12 Sub Inspector Indra Mani Verma on 19.12.1995. After the death of Manju on 16.12.1995, the Police took her dead body in possession and prepared Inquest Report (Ext.A-2) on 17.12.1995 at about noon. Also the other related papers i.e. Police Form No. 13 (Ext.A-24), Sketch of the dead body (Ext.A-25), letter to Chief Medical Officer and Sample Seal were prepared, and the dead body was sent for postmortem examination. PW-5 Dr. B.C. Pathak conducted postmortem examination on the dead body of the deceased on 17.12.1995 at about 4:10 p.m. and prepared the Autopsy Report (Ext. A-4). He recorded superficial and deep ante mortem burn injuries on all over the body, except sole of both feet, back of the neck, upper part of back and back of scalp. The said Medical Officer opined that deceased had died due to shock as a result of thermal burn (about 100%). The Investigating Officer interrogated the witnesses (including those who got the shutter opened on hearing shrieks of the deceased), and inspected the spot. On completion of investigation, Charge sheet (Ext.A-20) was filed against accused Raju Rana (present Respondent) by the Investigating Officer for his trial in respect of offences punishable under Section 302, 326 and 498-A I.P.C.