BISHAMBER DUTT Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (here-in after referred as Cr. P. C.), is directed against the judgment and order dated 15. 03. 1990, passed by learned Sessions Judge, Chamoli, in Sessions Trial -No. 8 of 1989, whereby accused / appellant Bishamber Dutt is convicted, under Sections 452, 354 and 304 of Indian Penal Code, 1860 (here inafter referred as I. PC. ). The said court has sentenced the convict (appellant) rig orous imprisonment for a period of five years under Section 452 I. PC, rigorous imprisonment for a period of two years under Section 354 I. P. C. and imprison ment for life under Section 304 I. P. C.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussions, it is pertinent to mention here the burn inju-, ries recorded by P. W. I Dr. Praveen Mishra on 23. 01. 1988, in Primary Health Centre, Ukhimath, where Shanta Devi was brought in the injured condi tion, and medical report (Ext. A-3) was prepared. The injuries mentioned in the injury report are being reproduced below: " (i) Burn injuries present all over right and left hand on both side (anterior, posterior, lateral and medial), up to 6cm above wrist joint of left hand and 8cm above the wrist joint of right hand. Burn is superficial type. (ii) urn injuries present allover right leg from fingers to waist in all di rections (anterior, posterior, lat eral and medial ). Burn 'is super ficial type. (iii) Burn injuries present on inner aspect of left leg from great toe to thigh. Burn is superficial in nature. (iv) urn Injuries present all over ab domen, anteriorly 4cm above the umblicus. Burn is superficial in nature. (v) Burn injuries present on both buttocks 10cm below the sacroiliac joint. " According to Medical Officer the burn injuries were third degreed more than 24 hours old. The abovementioned burn injuries, does establish on record that Shanta Devi suffered the burn in juries about 1-2 days before the same was recorded by Medical Officer.