SUDHIR KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 28.9.2001 rendered by the Additional Sessions Judge, Almora in Sessions Trial No. 24/1996, State v. Sudhir Kumar & Others. In the said trial, three accused persons, namely, Sudhir Kumar (husband), Atma Ram (father-in-law) and Smt. Saraswati Devi (mother-in-law) were tried for the offences under Section 498A and 304B IPC. At the end of the trial, by the impugned judgment and order, only appellant Sudhir Kumar (husband) has been convicted for the offence under Section 498A IPC and sentenced to undergo rigorous imprisonment for six months along with fine of Rs. 5000/-. All the three accused persons have been exonerated from the offence of Section 304B IPC. Offence of Section 498A IPC was also not found proved against other two accused persons.

(2.) Prosecution case, in brief, was that Ms. Chandrakanta (deceased) was wedded with the appellant Sudhir Kumar on 29.5.1994. Incident occurred in the intervening night of 4/5.6.1995 at 9 pm when she was living in her in-laws house. As per the FIR, she poured kerosene oil upon her body on that fateful night and set herself on fire. Her husband was present there, but he did not try to prevent her from being torched. So, the FIR was lodged with Patwari Circle Ason on 6.6.1995 by Nayab Tehsildar I, Bageshwar. FIR is Ex. Ka-1. Chick report is Ex. Ka-2.

(3.) Autopsy on the dead body was conducted by Dr. SS Pal on 6.6.1995 at 4.15 pm and thereafter postmortem report Ex. Ka-3 was prepared. The cause of death has been shown to be shock as a result of extensive burn.