RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal was preferred by appellant Ram Gopal, assailing the judgment of conviction dated 20.12.2003 and order of sentence dated 23.12.2003 recorded by learned Sessions Judge, Kurukshetra, in case bearing First Information Report No. 248 dated 06.11.2002 under Section 306 of the Indian Penal Code (for short "I.P.C.") registered at Police Station Kurukshetra University, Kurukshetra.

(2.) PRECISELY , the story presented by the prosecution was that on 04.11.2002 (the day of Diwali festival) Krishna Devi wife of Ram Gopal was brought to Lok Nayak Jai Parkash Hospital, Kurukshetra, in a burnt condition. Dr. G.D. Mittal conducted her medico legal examination and found superficial deep burns all over the body except soles of both feet and pubic region. Smell of kerosene was coming and some half burnt clothes were present on the body. The doctor sent a Rukka to the police in response to which Assistant Sub Inspector Jai Parkash of Police Station Kurukshetra University, Kurukshetra reached the hospital. On an application given by the police, the doctor opined that Krishna Devi was fit to make statement. Further, on request of the police, Shri R.S. Dhanda, Duty Judicial Magistrate, Kurukshetra recorded the statement of Krishna Devi.

(3.) ANALYZING the evidence available on record and the submissions made by learned Public Prosecutor and learned counsel representing the appellant, learned trial Court finding the charges successfully proved against the appellant beyond the shadow of reasonable doubt, convicted and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2000/ - for commission of offence punishable under Section 306 I.P.C. In default of payment of fine, he was to further undergo rigorous imprisonment for four months.