PRADEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal appellant has assailed the judgment dated 31.8.1999 passed by Sessions Judge, Kangra at Dharmashala whereby he was convicted under Section 302 I.P.C. for having committed murder of his wife Nisha Devi on 13.5.1998 at about 2.00 P.M. at village Rehan, District Kangra by pouring kerosine on her and setting her on fire. He has been sentenced to rigorous imprisonment for life and fine of Rs. 3000/ -. In default of payment of fine, he shall further suffer rigorous imprisonment for a period of four months.

(2.) The brief facts of the case are that Nisha Devi was brought by her relatives to P.H.C. Rehan, where she was attended upon by Doctor R.K. Mehta PW -1, who found that she has suffered about 95% burns and issued M.L.C. Ex. PW -l/A. Doctor R.K. Mehta had referred her to Civil Hospital, Nurpur but her relatives took her to Zonal Hospital, Dharmashala, where she was admitted by Dr. K.A.S. Dadwal PW -4 at 4.45 P.M. On the same day at a bout 5.30 P.M. Doctor R.K. Mahajan, Medical Officer of the Hospital, who was on emergency duty sent intimation to SHO, Police Station Dharamshala vide letter Ex. PW -3/A that Nisha Devi was admitted in the hospital as a burn case. After entering Rapat Roznmacha Ex. PW -12/A by Kuldip Singh PW -12 Moharrar Head Constable of Police Station Dharmashala, ASI Surinder Kumar PW -13 proceeded to the hospital and gave application Ex. PW -13/A to the Medical Officer, who gave his opinion Ex. PW -13/B on the said application that the patient was fit to make statement and thereafter recorded the statement of Nisha Devi Ex. PW -3/C in the presence of Doctor R.K. Mahajan. The statement was read over to Nisha Devi who had put her thumb mark on it, which was also attested by Doctor R.K. Mahajan. Thereafter the statement was sent to Police Station Nurpur for the registration of the case vide Endorsement Ex. PW -13/B and FIR No. 123 dated 13.5.1998 was recorded.

(3.) On the next day i.e. 14.5.1998 Sub Inspector Rup Lal posted at Police Station, Nurpur moved an application Ex. PW -8/A before Executive Magistrate Bihari Lai PW -8 requesting him to record the statement of Nisha Devi, who after reaching the hospital moved an application Ex. PW -4/G to Doctor KAS, Dadwal seeking his opinion as to whether Nisha Devi was fit to make statement or not. At about 3.05 P.M. Doctor KAS. Dadwal issued certificate Ex. PW -4/G that the patient was fit to give statement and thereafter Executive Magistrate Bihari Lai recorded the statement of Nisha Devi Ex. PW -8/B at about 3.13. P.M. which bears her thumb impression with the endorsement that the statement was read over to her and she had admitted it to be correct. Executive Magistrate Bihari Lal also appended his certificate Ex. PW -8/C on it.