SURESH KUMAR Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) Suresh Kumar, aged 34 years, resident of Jhuggi No. S-24, Janta Colony, Sector 24, Chandigarh, along with his wife Bimli, was nominated as accused in case FIR No. 48 dated 20.3.1995, registered at Police Station West, Chandigarh, under Section 307/34 IPC. In the present case, FIR was lodged on the statement made by Chalan Ram, resident of Jhugi No. C-596, Janta Colony, Sector 25, Chandigarh. Wife of Chalan Ram is real sister of Bimli. On 20.3.1995, Chalan Ram had made statement Ex.PB to Hawa Singh, Assistant Sub Inspector of Police Post, Sector 24, Chandigarh. On basis of this, formal FIR Ex.PB/2 was registered.

(2.) To appreciate the prosecution case and arguments raised by counsel for the appellants, it is necessary to reproduce FIR, same when translated into English read as under:-

(3.) A peculiar feature of this case is that nobody has suffered any injury. Therefore, there is no medicolegal evidence to corroborate the testimony of Chalan Ram, complainant. The above said FIR was investigated. Report under Section 173 Cr.P.C. was submitted. The appellants were charged by the Court of Additional Sessions Judge, Chandigarh. The charge stated that on 20.3.1995 at about 7.00 P.M. at Jhugi No. C-596 in Janta Colony, Sector 25, Chandigarh, both the accused, in furtherance of common intention did an act which is punishable under Section 307 read with Section 34 IPC as Bimli had sprinkled kerosene oil on the clothes of three children, namely Babli, Bunti, sons and Meenu daughter of Chalan Ram, when they were watching television and the accused Suresh Kumar was about to lit the match box to put them on fire but due to intervention of father Chalan Ram, children were saved. Had the children not been saved, then the accused would have been guilty of triple murder. The accused pleaded not guilty and claimed trial. The trial Court convicted the appellants for offence under Section 307 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs.250/- each. In default of payment of fine to undergo rigorous imprisonment for one month each.