PUSHKAR DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 4.6.2002 passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 58 of 1999, State v. Pushkar Dutt, whereby learned Sessions Judge has convicted the accused appellant Pushkar Dutt under Section 302 and 309 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to life imprisonment under Section 302 IPC and one year "™s simple imprisonment under Section 309 IPC. However, the appellant was acquitted of the charges levelled against him under Section 323 IPC.

(2.) In brief, the prosecution case is that PW3 Hari Dutt Bhatt lodged an FIR Ex. Ka-4 on 23.10.1999 at 10.50 am with the averments that at about 11 pm in the previous night the accused appellant Pushkar Dutt was under the influence of alcohol, who hurled abuses on his wife Smt. Pushpa Devi and also beaten her. With an intention to commit suicide he poured kerosene oil over his body as well as on the body of his son Deepak Bhatt saying that he was beloved of him and he would take him with himself and tried to lit up the fire. Several times he burnt thematches but his wife extinguished the same and raised the alarm. Thereafter many villagers assembled there and after making the accused appellant understand, they returned to their houses. Thereafter at 12 pm, the accused appellant set himself on fire by striking the match with intention to commit suicide. He also set his son Deepak Bhatt on fire with intention to kill him. His wife Smt. Pushpa Devi also came under fire when she tried to put out the fire. His wife Pushpa Devi raised the alarm upon which many villagers came at the place of occurrence and tried to save them. Villagers tried to take them to hospitalbut the accused appellant refused to go to the hospital and even did not allow the villagers to take his wife and son to the hospital. His three years "™ old son Deepak Bhatt died on the spot whose dead body was lying there. Injured were also lying in the village.

(3.) On the basis of the FIR Ex. Ka-4, chick FIR Ex. Ka-6 was prepared on the same day i.e. on 23.10.1999 by Constable Clerk Balkishan. Necessary entries were made by him in the GD. Copy of GD is Ex. Ka-7. The investigation of this case was done by Station Officer R.S.Gautam, who went to the place of occurrence on 23.10.1999 and sent the injured Pushkar Dutt and his wife Pushpa Devi to the hospital with the help of the villagers. They were examined by PW1 Dr. P.N. Singh on the same day and prepared the medical reports of the injuries of the accused appellant Pushkar Dutt and his wife Smt. Pushpa Devi, Ex. Ka-1 and Ka-2 respectively After reaching at the place of occurrence, the I.O. took into possession the dead body of Deepak Bhatt and prepared the inquest report Ex. Ka-8. Thereafter he also prepared letter to CMS, Pithoragarh for conducting the post mortem, police form no. 13, photo lash and namoona mohar at the spot which are Ex. Ka-9 to Ka-12 respectively. The post mortem of the dead body of Deepak Bhatt was conducted on 24.10.1999 at 3.30 pm by PW2 Dr. Narendra Sharma, who prepared the post mortem report Ex. Ka-3. The I.O. took into possession a white jerrycan containing nearly one litre kerosene oil and prepared the fard Ex. Ka-13. He also took into possession the clothe wet with the kerosene oil and piece of beddin and quilt and prepared the fard Ex. Ka-14. Matchbox and burnt matches were also taken into possession by him and fard Ex. Ka-5 was prepared. The I.O. prepared the site plan Ex. Ka-15 of the place of occurrence on the pointing out of the witnesses present on the spot. He recorded the statement of Smt. Pushpa Devi on 27.10.1999 at B.D. Pandey District Hospital, Pithoragarh who died subsequently. Her statement is Ex. Ka-16. During the course of investigation, he recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet Ex. Ka-17 against the accused appellant.