HARSHMANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Appeal under Section 374 CrPC has been filed by the accused appellant Harshmani, challenging the judgment and order dated 25.11.2008 rendered by Sessions Judge, Tehri Garhwal in Sessions Trial No. 29/07, whereby the appellant Harshmani has been held guilty for the offence of Section 304 (part I) IPC and sentenced to undergo rigorous imprisonment for ten years along with fine of Rs. 5000/-. He was also found guilty for the offence of Section 457 IPC, and for this offence, he has been punished with rigorous imprisonment of three years nay rupees three thousand as fine.

(2.) The incident relates to the death of Smt. Pushpa Devi, resident of village Semalta situated within the Patwari Circle Rani Chauri, District Tehri Garhwal. Smt. Pushpa Devi was wedded with Padm Dutt of the said village about 12 years prior to the date of incident and was having three progeny (two daughters and one son). The FIR was lodged by the father of the deceased Baij Ram with the averments that in the intervening night of 9/10.4.2007, when Smt. Pushpa Devi was sleeping in her house, the accused appellant Harshmani entered in her room along with a container full of kerosene oil and poured the oil upon her body. After pouring the oil, he set ablazed her. By the time alarm was raised, Smt. Pushpa Devi was considerably burnt. She was shifted to New Tehri Joint Hospital, wherefrom she was referred to Dehradun. It was also stated in the FIR that Harshmani was inimical to Smt. Pushpa Devi and once he had blamed her for some theft and threatened to kill her. He used to abuse her off and on. This FIR was lodged on 10.4.2007 at 11.30 am and the distance between the place of occurrence and the Patwari outpost is 9 kilometres.

(3.) After investigation, the chargesheet was submitted against Harshmani for the offence of Section 302, 457, 504, 506 IPC. During the course of trial, the charge was levelled against the accused for the offence of Section 302 and 457 IPC. But after the trial, the learned Sessions Judge has convicted the accused under Section 304 (Part I) IPC and Section 457 IPC, instead of Section 302 IPC. Feeling aggrieved, this appeal has been preferred by the convict Harshmani.