STATE OF H.P. Vs. PAPPU @ ASHWANI KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 07.08.1995 delivered by the learned Sessions Judge, Kangra at Dharmshala in Sessions Case No. 26 -P/VII -1995 whereby he acquitted the accused of having committed offence punishable under Section 302 of the Indian Penal Code.

(2.) THE prosecution case, in brief is that on 23.12.1994 at about 1.25 p.m Smt. Purni Devi went to the Police Station, Lambagaon and gave information that her daughter Smt. Veena Devi wife of Karam Chand of village Pantehar had been burnt and further action be taken in the matter. This information was recorded in the daily diary at Sr. No. 11 on 23.12.1994. Thereafter, head constable Joginder Singh went to the spot and he recorded the statement of injured Veena Devi. Her statement is to the effect that on 22.12.1994 at about 7.00 p.m the accused entered her house. At that time he was totally drunk. The accused is a nephew of Veena Devi in relationship and used to visit her house frequently. Veena Devi told the accused to go to his own house. He said that he would not go to his own house. He thereafter started fighting with Veena Devi and this fight continued for a long time. At about 10.00 p.m the accused came to the 'Bohar' (attic) where the kitchen is situated and Veena Devi cooks her food. She also used to sleep in the Bohar. The accused picked up a bottle of kerosene oil and poured the kerosene oil on the head of Veena Devi and set her on fire with the help of a match stick. Thereafter, he ran away and Veena Devi kept crying in pain and then her elder son who was sleeping next to her poured water on her and she became unconscious.

(3.) DURING the course of investigation a briefcase containing the belongings of the accused which according to the prosecution he had left at the house of the deceased was taken into possession. Empty bottle of kerosene, burnt pieces of skin and earth from the spot was also taken into possession. Photographs were taken. It was also found that before making her statement Ext.PF referred to above the deceased had also made a statement before PW -5 Tulsa Singh, Pradhan of the Gram Panchayat, which was recorded by him. After the death of Veena Devi the F.I.R was converted into one under Section 302 IPC. On completion of the investigation, the accused was charged with having committed offence aforesaid. He pleaded not guilty and claimed trial. After trial, he has been acquitted. Hence the present appeal by the State.