(1.) THE State is in appeal against acquittal of the respondent (accused) for the offences, under Sections 302, 304 -B and 498 -A of the Indian Penal Code, 1860 (for short 'IPC'), vide judgment dated 29.9.2006, passed by the learned Presiding Officer, Fast Track Court, Mandi (H.P.) in Sessions Trial No. 21/2004 / 78/2005, State of Himachal Pradesh versus Manohar Lal. The gravamen of charge against the accused was that after his marriage with Reena Devi (deceased) in the year 2001, he subjected her to cruelty, in connection with unlawful demands for dowry and ultimately committed her murder/ dowry death on 5.4.2004, at about 6.15 p.m., by sprinkling kerosene oil on her and burning her to death in the matrimonial home.
(2.) BRIEFLY stated, facts of the prosecution case are that on 5.4.2004, at about 6 p.m., the deceased suffered extensive burn injuries in the matrimonial home, where the accused was also present. She was taken to Community Health Centre (CHC), Baldwara in District Mandi and then to District Hospital, Bilaspur on the same day. On receipt of information from the hospital at Bilaspur, PW -9 HC Hari Ram, No. 60 of Police Post (PP) City, Bilaspur went to the hospital and moved application, Ex. PW -9/A for medical examination of the deceased and seeking opinion, whether she was fit to make statement or not. Consequently, after certifying that the "Patient Reena Devi is medically fit to give oral statement", PW -6 Dr. S.K. Patial carried out her medical examination vide certificate, Ex. PW -6/A, recording the following history and observations:
(3.) THEREAFTER , statement of the deceased, Ex. D -1 was recorded by PW -9 HC Hari Ram, at 10.40 p.m. on 5.4.2006, which was also attested by PW -6 Dr. S.K. Patial. It is in Hindi and its translation in English is as follows:
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