RAEES AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The conviction of the appellant Raees Ahmed for the offence under Section 302 IPC is under challenge. He was tried by learned Sessions Judge, Udham Singh Nagar in S.T. No.149 of 2007, titled as "State Vs. Raees Ahmed", for the said offence pertaining to crime no.667 of 2007. Learned Judge has sentenced him appropriately.

(2.) The death of victim Hazra took place within one and a half year of her marriage with the accused on account of septicemia as a result of ante-mortem burn injuries. The incident occurred some time in the intervening night of 7th/8th March, 2007 when she was set ablaze by sprinkling kerosene oil upon her. This occurrence happened when she was in the house of her husband (accused).

(3.) Victim was admitted by the accused in the Community Health Centre, Sitarganj at 12:20 AM of 8.3.2007. The doctor, as disclosed by her husband, reported the case to be of 'accidental burning'. It appears that Dr. J.C. Shakdhar (PW12), on duty as emergency medical officer in that intervening night, has examined the victim in a superficial manner. In his opinion, the burn injuries were only 40 percent. However, the injuries were opined to be grievous and fatal for life. PW12 referred the victim for Sushila Tewari hospital at Haldwani. The report given by him is Ex.Ka-14.