SUSHIL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Accused Sushil Kumar, Mohald Singh and Naresh stood trial for the offences punishable under Sections 498-A, 304-B read with Section 34 and Section 120-B of the Indian Penal Code, 1860 (for short, IPC). However, alternative charge was framed against Sushil Kumar under Section 302 IPC. Appellant Sushil Kumar has been convicted under Section 302 IPC vide impugned judgment and order dated 6.9.2008/11.9.2008, passed by Sessions Judge, Chamoli in Sessions Trial No. 5 of 2002, and has been sentenced to undergo imprisonment for life and a fine of Rs. 10,000/-. In default of payment fine, he has been further ordered to undergo one year simple imprisonment. Accused Sushil Kumar and other co-accused Mohald Singh & Naresh have been acquitted of the charges punishable under Sections 498-A, 304-B read with Section 34 and Section 120-B IPC.

(2.) Prosecution case, in brief, is that complainant Laxmi Chandra, father of deceased Lalita alias Lalitesh (wife of accused Sushil Kumar), lodged a complaint (Ex. Ka-1) on 09.04.2002 at 5.30 pm at police station Chamoli alleging therein that marriage of his daughter Lalita was solemnized with Constable Sushil Kumar, accused, as per Hindu rites and ceremonies, who was posted at police station Chamoli. Accused Sushil Kumar along with Lalitesh came to meet the complainant and he gave Rs. 15,000/- and all the ornaments of his daughter to Sushil Kumar. Thereafter accused Sushil Kumar along with Lalita returned and started living in the Government quarter situated within the premises of Police Station, Chamoli. About 10-15 days prior to the occurrence, Naresh and his father Mohald Singh had asked complainant to send Rs. 50,000/- to Sushil Kumar or Fridge, Washing Machine, Colour T.V. at Chamoli and in case he failed to fulfill the demand, his daughter would be killed. On 8/9th April 2002, complainant received information that his daughter has died due to bursting of gas cylinder. He reached District Hospital, Gopeshwar on the next day and found his daughter having burn injuries. According to his opinion, Lalita had died on account of setting fire by someone after pouring kerosene oil or petrol upon her body. He suspected that Lalita had been killed by accused Sushil Kumar on the instigation of Naresh and Mohald Singh (co-accused, acquitted by the trial court). On the basis of written complaint Ex. Ka-1, First Information Report Ex. Ka-17 was lodged.

(3.) The investigation was taken up by PW12 Inspector Naveen Chandra Joshi. He was present at police station Chamoli and was investigating Case Crime No. 47 of 2002, State v. Aayazuddin etc. and was informed by Kailash Chandra Lakhera that there was fire in the room of Constable Sushil Kumar. On this information, he along with other persons moved towards the room of Sushil Kumar and found that son of Makan Das and Kapil were taking out the wife of Constable Sushil Kumar, wrapped in a blanket. Sushil Kumar was present in the room and had also received some burn injuries on his hands. The injured was removed to District Hospital, Gopeshwar in a private car. The Investigating Officer inspected the room of Sushil Kumar and found smell of kerosene oil in the room. He locked the room of Sushil Kumar and went to the hospital. He tried to make an enquiry from injured Lalita, but her voice was not audible at all. Dr. R.K. Sundariyal informed him that Lalita had received hundred per cent burn injuries upon her body. He went to the surgical ward and made enquiries from accused Sushil Kumar also, but he too did not tell anything about the incident. Thereafter he informed the parents of Lalita and accused Sushil Kumar on next day i.e. on 9th April 2002. Father of Lalita lodged a report on the next day i.e. 10th April 2002. The Investigating Officer went and inspected the spot and prepared site plan (Ex. Ka-10). He also picked up the articles lying at the place of occurrence vide memo Ex. Ka-11. He arrested accused Sushil Kumar and other co-accused Mohald Singh and Naresh. Thereafter the investigation was conducted by PW-10 Dy. S.P. Heera Vallabh Bharola. He recorded the statements of the witnesses and inspected the spot. He took into possession a five-litre can containing one liter kerosene oil from the place of occurrence. He also took into possession the burnt clothes of victim, soot particles from the wall of the kitchen and other burnt articles from the place of occurrence vide memo Ex. Ka-11. He also took into possession the letters written by deceased and her husband accused Sushil Kumar vide memo Ex. Ka-12 and Ex. Ka-13. He also got photographed the place of occurrence and the photographs are Ex. Ka-24 to Ex. Ka-27 and their negatives are Ex. Ka-28 to Ex. Ka-30.