PRADEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Feeling aggrieved the appellants-accused (here-in-after referred to as the accused) have preferred the present appeal against the judgment dated 24-11-1997 passed by the learned Sessions Judge, Bilaspur whereby the accused persons have been convicted and sentenced under S. 302 read with S. 34 of the Indian Penal Code to undergo rigorous imprisonment for life and to pay fine in the sum of Rs. 5000/- each and in default of payment of fine to suffer further rigorous imprisonment for one year.

(2.) Case of the prosecution, in brief, is that on 18-4-1996 at 8-30 p.m. Dr. T. S. Chandel (PW-12), Medical Officer, CHC Bharari gave a telephonic information to Police Station, Bharari intimating that one Asha Devi (since deceased) resident of Dehra had been admitted in the Hospital in burnt condition, therefore, some Investigating Officer may be deputed in the matter. The information so received was entered in daily-diary of the Police Station proceeded to the Hospital where he made an application Ex. PW-17/B to the said Medical Officer to give opinion whether the injured was in a position to make a statement. However, the Medical Officer opined that she was not fit to make a statement. Another application Ex. P.W. 12/C was then made by PW-17 requesting for issue of the medical certificate in respect of Asha with his opinion as to the nature etc. of the injuries. On the said application PW. 12 issued the MLR Ex. P.W. 12/A mentioning therein that the general condition of Asha was poor and she was semi-conscious and was not responding to queries. The clothing she is wearing was shrunken due to burning and was smelling of kerosene. She was having burn injuries over the face, neck, abdominal wall, both legs sustained due to burning with fire lit by sprinkling kerosene over the body and clothes and the percentage of burns was about 70 to 75 percent.

(3.) In view of the poor condition of Asha she was referred to District Hospital, Bilaspur. There PW-17 moved another application Ex. PW-17/A to the Medical Officer to give his opinion whether Asha was capable of making a statement or not who opined that she was not fit to make a statement. The police then made inquiries from the mother of Asha, namely, Savitri Devi (PW-1) as to the circumstances in which Asha had sustained the burn injuries and her statement Ex. PW-1/A was recorded on the basis of which FIR Ex. PW-17/C under Section 307/34, IPC was recorded at Police Station, Bharari.