ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has assailed the judgment of conviction dated 07.09.2006 and order of sentence dated 08.09.2006, passed by the learned Additional Sessions Judge, Narnaul, in Sessions Case No. 22 of 2004 and Sessions Trial No. 10 of 2005, emanating from FIR No. 154 dated 16.09.2004, under Sections 304-B and 34 of the Indian Penal Code (for short - 'IPC), Police Station Kanina, whereby, he was convicted for commission of offences punishable under Sections 302, 304-B and 498-A IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/- and in default of payment, thereof, to further undergo rigorous imprisonment for six months for commission of offence punishable under Section 302 IPC. He was also sentenced to undergo imprisonment for two years and to pay fine of Rs. 2000/- and in default of payment of fine, to further undergo rigorous imprisonment for two months for commission of offence punishable under Section 498-A IPC. Both the sentences were ordered to run concurrently. However, the learned Court did not impose any sentence upon the appellant for commission of offence punishable under Section 304-B IPC.

(2.) The case of the prosecution is that on 14.09.2004, on receipt of letter from CHC, Kanina in respect of burn case of Mamta wife of Ashok Kumar (appellant) alongwith MLR No. SKB/173/04 dated 14.09.2004, Daya Ram ASI of Police Station, Kanina reached PGIMS, Rohtak. After obtaining opinion of the doctor, he moved an application before the learned Chief Judicial Magistrate, Rohtak for recording the statement of Mamta.

(3.) Sh. Kuldeep Singh, Judicial Magistrate Ist Class, Rohtak visited PGIMS Rohtak and recorded the statement of Mamta, wherein, she did not name anybody as assailant. She stated that while preparing chapattis at about 5.00 p.m. on Monday, her saree caught fire and sequelly,she received burn injuries. She also stated that on raising alarm, several persons of the locality came on the spot and they took her to the hospital. She stated before the learned Judicial Magistrate Ist Class that it was purely an accident and there was no fault of anyone and this occurrence took place due to her negligence. After obtaining copy of the statement, Daya Ram ASI came tack to the Police Station and recorded rapat No. 37 dated 14.09.2004 in the daily diary register.