STATE OF HIMACHAL PRADESH Vs. KRISHAN CHAND

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to the impugned judgment dated 16.7.2001, passed by the learned Sessions Judge, Kullu, H.P, in Sessions Trial No. 34 of 2000, acquitting the accused -Respondents for the offence under Sections 302 and 498 -A read with Section 34 of the Indian Penal Code.

(2.) THE prosecution case is that Sushma (victim/deceased) was married with Shyam Lal and a girl was born out of their wed lock. On the fateful day of 10th June 1999, at about 8:30 AM, when Sushma/victim/deceased suffered burn injuries with fire at the instance of her husband, mother - in -law, father -in -law, when she went outside near by water channel to extinguish the fire. The incident was observed by Smt. Sita Devi (P.W. 7), Smt. Nirmla Devi (P.W. 8), Bala Ram (P.W. 3). With the help of Bala Ram (P.W. 3) she was brought to the road head and from there she was taken on three wheeler to Civil Hospital, Manali, where she was admitted and was examined by Dr. Som Dev (P.W. 5). Statement under Section 154, Code of Criminal Procedure was recorded by ASI Parma Nand (P.W. 14), on the basis of which FIR Ex. P.W. 14/C was lodged. The matter was investigated and the accused -Respondents were charged for the aforesaid offences.

(3.) ON analyzing the other materials on record, we notice that none of the prosecution witnesses have seen any of the accused persons sprinkling kerosene oil on the body of Sushma (victim/deceased). Only, Smt. Sita Devi (P.W. 7) and Smt. Nirmla Devi (P.W. 8) and Babli reached there and extinguished the fire and with the help of neighbour Bala Ram (P.W. 3) and husband Shyam Lal victim was brought to Civil Hospital, Manali, where Dr. Som Dev (P.W. 5), examined Sushma (victim -deceased), on 10.6.1999 and found 70 to 80% burn injuries, when P. W. 5 enquired from Sushma (victim/deceased) as to how she suffered burn injuries, the victim replied that while burning tandoor she poured kerosene oil and accidentally the fire from tandoor engulfed her. As per the testimony of P.W. 5, if kerosene oil is poured in a tandoor and on lighting fire the clothes of person lighting fire can catch the fire.