LAXMAN TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant Laxman Tiwari @ Pankaj Tiwari, has come up in the appeal against the judgment dtd. 18/4/2014, passed by the 1st Additional Sessions Judge, Rishikesh, whereby the appellant has been convicted under Sec 302 of IPC, for life imprisonment and a fine of Rs.10,000.00, has been imposed causing a death of Smt. Geeta Shankar, wife of the complainant Sri Mani Shankar.

(2.) The complaint was lodged on 23/9/2011, at Police Station Rishikesh that on that day at 10:30 AM, he received the message that the fire is set in his house and his wife is burnt, and when he came up in the house his wife was burnt I immediately took her to hospital in THDC ambulance. On the way his wife informed him that the appellant had poured fuel upon her and set fire. After registration of the FIR, the investigation was carried out and charge-sheet was submitted before the Chief Judicial Magistrate, Dehradun, and thereafter the case was referred to the court of Sessions Court on 3/1/2012. On 9/4/2012, the charges under Sec. 302 of IPC against the appellant Laxman Tiwari @ Pankaj Tiwari, was framed, and the accused denied the charges.

(3.) The prosecution for proving the charges against the accused documentary evidence complaint exhibit kl, information of death exhibit k2, statement of deceased before death exhibit k3, panchayatnama exhibit k4, statement of deceased exhibit k5 statement of identifier exhibit k6, OPD slip exhibit k6, history slip exhibit k7, post-mortem exhibit k8, recovery report exhibit k9 and k10, forensic report exhibit k11, arrest memo exhibit k12, information memo exhibit k13, map of incident exhibit k14, charge sheet exhibit k15, and chick FIR exhibit k16.