STATE OF H P Vs. UMARDEEN

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 10.12.1997 accused was put to trial. In terms of judgment dated 27.9.2001 passed by learned Sessions Judge, Chamba Division, Chamba, H.P. in Sessions Case No. 29 of 1999, titled as State of H.P. versus Umardeen, accused stands acquitted of the charged offences.

(2.) It is the case of the prosecution that the accused and his wife Smt. Kamla Devi (deceased) were residing at Merpur, Whether reports of Local Papers may be allowed to see the judgment? Pargana Sherpur, P.S. Khairi, District Chamba along with their children. At that time accused who is working in the Police Department of Government of Himachal Pradesh was posted in Chamba District. According to Smt. Rattani Devi (PW-1) mother of the deceased and the neighbour who also is the landlord of the accused Sh. Yashpal Sharma (PW-4), relations between the accused and the deceased were not cordial. It is the prosecution case that accused used to cause mental /physical harassment and cruelty to the deceased. He also did not maintain her. As per the dying declaration (Ext. PJ) recorded on 11.12.1997, on 10.12.1997 at about 8.30 p.m. deceased inquired from the accused as to where he had spent the money which he had withdrawn from his salary. This led to an argument and the accused slapped her and asked her to leave the children at home. At that deceased bolted her children and the accused inside the room and after alone going into the kitchen, poured kerosene oil and set herself on fire. When she cried PW-4 came running. He unbolted the door of the room where the accused was with his children. He then poured water on the deceased to save her. Thereafter he and the accused took the deceased to the Police Chowki at Bakloh. Since no assistance was rendered there, deceased was taken to the Primary Health Centre at Kakira where she was attended to by Dr. P. N. Bihari (PW-2). The deceased was suffering burn injuries to the extent of 50% to 60% and her condition was critical hence she was referred to Civil Hospital at Dalhousie where she was admitted on 10.12.1997. Here she was attended to by Dr. N. K. Soorya (PW-3). Her statement (Ext. PD) was recorded. Her condition being still critical, she was referred to the Zonal Hospital at Dharamshala where she was admitted on 11.12.1997 and attended to by Dr. S.C. Kaushal (PW-7) and Dr. L. B. Purohit (PW-8). On 11.12.1997 Naib Tehsildar Dharamshala Sh. H. S. Bhatta (PW-9), recorded her statement (Ext. PJ). Her condition did not improve therefore PW-8 referred her to I.G.M.C. Shimla for further treatment. On 12.12.1997 accused got the deceased discharged from the hospital at Dharamshala. Eventually deceased expired in her village on 18.12.1997. Based on the statement (Ext. PJ) and ruka taken by Constable Kushal Singh (PW-10), F.I.R. No. 211/97 (Ext. PF) dated 12.12.1997 was registered at Police Station Dalhousie. Investigation of the case was carried out by HC-Rajesh Kumar (PW-11) and ASI-Narender Kumar (PW-12). From the kitchen of the accused certain items were taken into possession by the police. Investigation revealed that the accused had been subjecting his wife (deceased) to cruelty and on 10.12.1997 accused caused mental and physical cruelty to his wife which prompted her to commit suicide by setting herself on fire.

(3.) Challan was presented in the Court for trial and the accused was charged for having committed offences punishable under Sections 498-A and 306 of the Indian Penal Code to which he did not plead guilty and claimed trial.