BABU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant/accused prefers, the, instant appeal before this Court, against, the verdict of conviction recorded, upon, Sessions Trial No. 6-S/7 of 2013, by the learned Sessions Judge, Solan, Himachal Pradesh. The appellant herein (for short "the accused") became convicted, for, a, charge framed against him, under, Section 302 of Indian Penal Code, and, in consequence thereof, he becomes sentenced to undergo imprisonment for life, and, to pay a fine of Rs.50,000/-.

(2.) The accused is alleged, to, sprinkle diesel, upon, the body of his wife, and, thereafter set it aflame, hence ending her life. The afore occurrence happened, at the site, disclosed in the site plan, embodied in Ex.PW-27/B. The demise of the deceased occurred at PGI Chandigarh. The Doctor who conducted autopsy, on, the body of the deceased, in, his post mortem report embodied, in, Ex. PW-1/C, has, made an opinion therein, vis-a-vis, the demise of the deceased, becoming engendered by septicemia consequent, to, 90% thermal burns, hence occurring on her person. The Investigating Officer concerned, had moved, an application embodied, in, Ex.PW-27/A before the Doctor concerned, and, therethrough he had sought a declaration, vis-a-vis, the fitness, of, the deceased, to, make a statement. Upon the afore request, the Doctor concerned made an endorsement, embodied in Ex.PW-29/A, vis-a-vis, the patient/deceased, being fit, to make a statement. In consequence thereof, the deceased made her statement, statement whereof, becomes embodied in Ex. PW-25/A, and, also therein, in, red circle 'A' she appended her signatures, besides, her signatures became attested, by, Doctor Kavita Sharma. Moreover, one Seeta Kumari, whose, signatures exist at Ex. PW-5/A, hence, borne within Ex. PW-25/A, became a witness to the afore dying declaration, hence, made by the deceased. In consequence to the afore made dying declaration by deceased Suman, hence, carrying therein narrations, vis-a-vis, the cause of her demise, in as much, as, its containing an echoing rather succoring the prosecution's propagation, qua, the accused pouring diesel, upon, her body, and, thereafter his setting it aflame, and, in consequence whereof, fatal burn injuries, as, described in, the, Post Mortem Report, borne in Ex.PW-1/C, became gained, upon, the body of the deceased.

(3.) The FIR, vis-a-vis, the occurrence is embodied, in, Ex.PW17/C. From the relevant site of occurrence, one shawl Ex. P-2, one boru Ex.P-4, plastic can Ex.P-6, bed sheet Ex. P-3, mattress Ex. P-1, and, ashe(s) Ex.P-5, as, lying on the spot became recovered, through, memo Ex. PW-4/B. Further more, through Ex. PW-16/C, canny Ex. P-8, plastic jug Ex.P-12, plastic boru/bag Ex. P-13, all became recovered, in pursuance to the apposite disclosure statement, made by the accused, hence, in, the, presence, of, marginal witnesses' thereto(es).