NITIN PARMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two appeals are by Nitin Parmar, A1, and Km. Koshi, A2, who have been convicted for offences punishable under Section 302 read with Section 34 of I.P.C. and Section 201 read with Section 34 of I.P.C. by the District & Sessions Judge, Nainital in connection with murder of Alpana Chauhan.

(2.) A2 applied for bail, which she could not secure. A1 applied for bail, when it appeared that having regard to the nature of submissions that were being advanced on behalf of A1 in support f the bail application, it will be convenient to have the appeals decided, accordingly, consent of the counsel for A2 was sought for. Such consent was given. We heard the appeals without preparation of the formal paper book, but on the basis of papers, documents and oral testimony, which were tendered in evidence as available on the original record and to which reference was made by the learned counsel for the parties.

(3.) The victim, in the instant case, was the wife of A1. She died of injuries, which were pointed out in the post-mortem report. Her partially burnt body was found in the veranda. A gas burner was found inside the bed room. According to Ramshree (PW2), she alongwith A1 entered the room, when the victim was burning by reason of the burning gas emanating through the pipe attached to the gas cylinder and she stopped the fire by turning off the regulator of the gas cylinder. Unconscious body of A2 was lying inside the room.