STATE Vs. RAJPAL SINGH AND ORS.

JUDGEMENT

(1.) Appellant State has preferred this appeal against the impugned judgment dated 03 -09 -1986 passed by 1st Additional District and Sessions Judge, Dehradun in Sessions Trial No. 32 of 1984, whereby the Respondents -accused persons Rajpal Singh, Veer Singh and Km. Subodh were acquitted of the charges punishable under Ss. 306, 498 -A and 302 read with 34 of the Indian Penal Code.

(2.) Respondent No. 2 Veer Singh is reported to have died during the pendency of the appeal. The appeal, so far as it is against the acquittal of Respondent No. 2 Veer Singh, therefore, stands abated.

(3.) The short facts of the case, essential for deciding this appeal, are that Smt. Rama (since deceased) was married to Respondent No. 1 accused Rajpal Singh sometime in the year 1981 .After few months of the marriage, Respondent No. 2 accused Veer Singh, the Uncle of accused Rajpal Singh is alleged to have started harassing Smt. Rama and demanded a motorcycle and cash amount of Rs. 10,000/ -. In the above background, Smt. Rama, after having remained for few days at her brother's house, came back to her husband's place on 10 -04 -1983. On 12 -04 -1983, Smt. Ramia sustained burn injuries and was admitted in the hospital for her treatment. Her sister PW1 Prem Lata, on getting information about the incident, first went to the house of Smt. Rama and on coming to know that she has been taken to the hospital for treatment, reached the hospital. In spite of the best efforts by the doctors, Smt. Rama could not be saved and she succumbed to her injuries next day on 13 -04 -1983. After performing the necessary formalities of preparing the inquest etc., the dead body was sent for post -mortem examination. The autopsy surgeon found extensive burn injuries on the body of the deceased and in his opinion, Smt. Rama died on account of shock due to ante -mortem burn injuries. The police, after completing the investigation, charge -sheeted Respondents -accused persons Rajpal Singh, Veer Singh and Km. Subodh for the alleged commission of the offence punishable under Sec. 306 of the I.P.C.