BHUP SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.) is directed against the judgment and order dated 26-11-1987 passed by learned Sessions Judge, Nainital in Sessions Trial No. 91 of 1986, whereby accused/appellant Bhup Singh is convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I. P. C.), and was sentenced to undergo imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the entire evidence on record.

(3.) PROSECUTION story, in brief, is that the house of the accused/appellant, Bhup Singh is situated at a distance of 125 yards away from the house of his father-in-law in village Chandraman, within the limits of Police Station Gadarpur, District Nainital (now part of District Udham Singh Nagar ). On 23-12-1985 at about 7. 15 p. m. accused/appellant Bhup Singh poured kerosene oil on his wife, Smt. Mango Devi (deceased) and set her on fire. Smt. Mango Devi caught fire and ran out of the house for help. Near a hand-pump, outside her house, some neighbours attempted to extinguish the fire of her cloths. She continued to ran and reached her father's house. P. W. 2, Gopali, is father of the deceased Smt. Mango Devi. P. W. 1 Sher singh is brother of the deceased. Smt. Mango Devi in injured condition, as soon as reached her father's house, told her father and to her brother that her husband, Bhup singh (accused/appellant) had poured kerosene oil and set her on fire. P. W. 1, Sher vsingh took her in a cart to the hospital and on the way lodged a verbal report with outpost Gular Bhoz of Police Station Gadarpur at about 8. 20 p. m. P. W. 4, J. P. Naithani, sub Inspector, immediately recorded the statement of the injured Smt. Mango Devi (a copy of which is Ext. A 7) and sent her to primary Health Centre, Gadarpur for treatment. When she was admitted in the Primary Health Centre, Gadarpur, her injuries were recorded by P. W. 3, Dr. K. B. Singh and a report (Ext. A3) was prepared. On the third day; from the said Primary Health Centre, since her condition continued to deteriorate, the injured was referred to Civil Hospital, Kashipur, where she succumbed to the injuries. Meanwhile, the Investigating Officer interrogated the witnesses and inspected the spot. He also recovered empty bottle of kerosene oil from the house of accused, Bhup singh. A piece of burnt DHOTI belonging to smt. Mango Devi, was also recovered near the hand pump, outside the house of accused/appellant. The recovery memo was prepared in respect of these articles by the police. After the death of Smt. Mango Devi, her dead body was taken into possession by the Police and inquest report (Ext. A2) was prepared. The Police also prepared Form No. 33 (Ext. A 10), sketch of the dead body (Ext. All) and letter to the Chief Medical officer for post-mortem examination. The post-mortem examination was conducted on 26-12-1985 at about 11. 30 a. m. by the medical Officer of the L. D. Bhatt Civil Hospital, kashipur, who prepared autopsy report (Ext. A12 ). On completion of the investigation, charge-sheet (Ext. A 6) is submitted by the investigating Officer to the Chief Judicial Magistrate.