VISWANATHAN SHANKAR AYAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 16/18.2.2008 passed by Sessions Judge, Tehri Garhwal in Sessions Trial, No. 37/907, State Vs. Viswanathan Shankaran Ayar, whereby the learned Sessions Judge has convicted the appellant/ accused u/s 307 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to seven years' rigorous imprisonment and fine of Rs. 3,00,000/ -. It was also directed that out of the fine so realized, a sum of Rs. 1,50,000/ - shall be paid to the victim -Kunti @ Kaushalya. It was further directed that in default of payment of fine, the appellant/accused shall undergo further six months' R.I. It was further directed that the period already undergone by the appellant/accused during trial in jail shall be adjusted. I have heard Sri S.K. Agarwal, Senior Advocate assisted by Sri Vinod Sharma & Sri Jitendra Chaudhary, learned counsel for the appellant and Sri M.A. Khan, learned brief holder for the State as well as Sri Ramji Srivastava, learned counsel for the complainant and perused the entire material available on record.

(2.) IN brief the prosecution case is that on 3.3.2007 at 8:10 A.M., an information was received in the Police Station, Muni -ki -Reti on telephone through an unknown person, that at Lakshman Jhula Enclave Tapowan, the wife of the appellant/accused Viswanathan Shankaran Ayar has received burn injuries. On this information, Station Officer Sandeep Negi (P.W. 4) along with Sub -Inspector Surendra Singh (P.W. 3), Head Constables Jagti Ram Dhaundiyal and Amir Chand moved to the place of occurrence on a Government Jeep No. UP08 -6868 along with the constable driver Satte Singh. When the police party reached on the spot, then they saw that the wife of the appellant/accused was screaming in a burnt condition and was saying that appellant/accused had poured kerosene oil on her and set her at fire and she was also praying to save herself. Thereafter, Sub -Inspector Surendra Singh Bhandari (P.W. 3) took the victim out of the house with the help of Constables Shurveer Singh and Amir Chand and on a private vehicle, she was taken to Government Hospital, Rishikesh for medical treatment. On the way, the burnt lady has informed the Sub Inspector her name as Kunti @ Kaushalya. She also informed him that she was married to appellant/accused Viswanathan Ayar on 4.12.2005 and appellant/accused Viswanathan wanted to oust her from his house otherwise he was threatening to kill her. She has further informed that on day of incident in the morning, appellant/accused asked her to leave the house. When she refused to go, then appellant/accused with the intention to kill her, poured kerosene oil on her and set her at fire. After the primary medical aid was given, the victim was referred to Doon Hospital and the Constables Shurveer Singh and Amir Chand were sent along with her. It was also averted that during the medical treatment, S.D.M., Rishikesh had come and he recorded the statement of the victim u/s 164 of Cr.P.C. With the same averments, (P.W. 3) Sub -Inspector Surendra Singh Bhandari gave oral information in the Police Station Muni -ki -Reti, Distt. Tehri Garhwal on 3.3.2007 at 11 A.M. On the basis of the oral information given by Sub Inspector, a Chik F.I.R. was prepared by Constable Clerk Sanjay Chauhan, the Chik F.I.R. is Ex.Ka.1 The entry was made in the G.D., a carbon copy of the G.D. is also on record. The victim Kunti @ Kaushalya was initially medically examined by the Medical Officer, S.P.S., Government Hospital, Rishikesh, Dehradun on 3.3.2007 at 8:50 A.M., the attested medical report is also on record. The investigation of this case was entrusted to S.I. Sandeep Negi (P.W. 4). During the course of the investigation, the Investigating Officer has taken into possession a broken cup of clay, a broken match box, a white plastic jerricane, a piece of burnt Maxi and a piece of burnt brasserie and a Fard was also prepared for taking these items into possession, i.e. Ex.Ka.2. The I.O. also inspected the place of occurrence and prepared the site -plan, i.e. Ex.Ka -3. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, he filed the charge sheet against appellant/ accused, i.e. Ex.Ka.4.

(3.) LEARNED Sessions Judge, Tehri Garhwal has framed the charge against appellant/accused Viswanathan Shankaran Ayar on 24.8.2007 u/s 307 I.P.C. The charge was read over and explained to appellant/accused, who pleaded not guilty and claimed to be tried.