(1.) For an offence, which is alleged to have been committed on 11.9.1996, accused were put to trial. In terms of judgment dated 29.12.1997 passed by learned Additional Sessions Judge (I), Kangra at Dharmsala, H.P., in, titled as State of H.P. v. Kartar Singh Criminal Case No. 4-D/97, accused stands acquitted of the charged offence.
(2.) It is the case of the prosecution that Smt. Sharmila Devi (deceased) and Shri Kartar Singh (accused) were married for more than 9-10 years. From the wedlock three children were born. Accused was working in the army and the deceased who was working as a warden at the Anganwari Centre, Dhugyari was forced to leave her job and reside at the newly constructed house of the accused at Village Sakoh. Accused also used to treat Smt. Sharmila Devi with cruelty. He used to harass and forcibly beat her. About 1 1/2 - 2 months prior to the incident in question, Smt. Sharmila Devi telephonically informed her parents about the same. Consequently, her brother, Shri Ajay Kumar (PW-1) took her back to the parental house with her children. Accused visited his in-laws and insisted upon sending her wife back. Under threats that he would sell off his entire property, deceased was sent back by her father Shri Roshan Lal (PW-14). However this was done with the intervention of the Pradhan Rajinder Kumar (PW-4) and Punch Jagan Nath (PW-5). PW-1 moved an application (Ext.PW-1/A) before the Panchayat and compromise deed (Ext.PW-1/B) executed between the accused and the deceased.
(3.) On 11.9.1996 at about 6 p.m., Smt. Sharmila Devi poured Kerosene oil on her body and then set herself on fire. She was immediately taken to the Zonal Hospital, Dharamsala for treatment. Doctor on duty Dr. R.K. Mahajan (PW-15) sent intimation (Ext.PW-7/A) to the concerned SHO. HC Girdhari Lal (PW-13) was deputed to investigate the matter. He moved an application (Ext.PW-13/A) for recording the statement of Sharmila Devi. Dr. R.K. Mahajan after examination certified that she was fit and her statement could be recorded. HC Girdhari Lal (PW-13) telephonically requested Sub Divisional Magistrate Shri Kamlesh Panth (PW-12) to record her statement. Accordingly PW-12 recorded statement (Ext.PW-12/A) on itself. However, on 12.9.1996 another statement (Ext.PW-12/B) of the deceased was recorded. Statements were sent to Police Station, Dharamshala, on the basis of which FIR No. 282 (Ext.PW-16/A) dated 12.9.1996 under Section 498A, I.P.C. was registered by ASI Avtar Singh (PW16). Thereafter ASI Avtar Singh (PW-16) moved another application (Ext.PW-11/A) before the learned Chief Judicial Magistrate, Dharamsala for recording the statement of Smt. Sharmila Devi under Section 154, Code of Criminal Procedure Application was marked to JMIC Shri Bhuvnesh Sharma (PW-11), who after visiting the hospital recorded the third statement (Ext.PW-11/B) of Smt. Sharmila Devi on 12.9.1996. PW-16 also visited the spot and prepared sketch map (Ext.PW-16/B) and took into possession a Can of kerosene oil vide memo (Ext.PW-5/A) dated 12.9.1996. Other incriminating articles found at the spot were also taken into possession. During search compromise deed (Ext.PW-1/B) was recovered near the pillow of the deceased. On 13.9.1996 at about 8.30 p.m., Smt. Sharmila Devi succumbed to his injuries. On 14.9.1996 inquest report (Ext.PW-6/C) was prepared and post-mortem conducted. Post mortem report (Ext.PW-6/B) issued by Dr. Aggarwal was taken by the police. Smt. Sharmila Devi died of 98% burn injuries. Part of investigation was carried out by H.C. Shri Onkar Singh (PW-7). SI Kishan Singh (PW-8) presented the challan in the Court.
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