STATE OF HIMACHAL PRADESH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This appeal by the State is directed against the judgement dated 6.2.2004 passed by the learned Sessions Judge, Una in Sessions case No. 6 of 2003 whereby he acquitted the accused of having treated his wife with cruelty and thereafter murdering her by burning.

(2.) The admitted facts are that deceased Darshna Devi was married to accused Ashwani Kumar. This was Darshna Devi's second marriage. She had two children from her previous marriage and two daughters were born out of the wedlock with Ashwani Kumar. The accused was working as a Halwai in a shop at Jallandhar and had come home.

(3.) The case of the prosecution is that Darshna Devi always used to complain that the accused after getting drunk used to maltreat and beat her. On 14.1.2003 at about 7.00 p.m the accused poured kerosene oil on Darshna Devi and set her body on fire. Darshna Devi raised an alarm and in the meantime her daughter Puja (PW-2) woke up and Smt. Sehti Bibi (PW-6) who was passing by came to the house of the accused and tried to rescue Darshna Devi. Thereafter, some labourers came to the spot. According to the prosecution Darshna Devi told Sehti Bibi that her husband (the accused) had celebrated the festival of Diwali by setting her body on fire. After the incident Darshna Devi was taken in a burnt condition by the accused in a jeep belonging to PW-9 Mukesh Kumar to the Zonal Hospital where she was admitted and treated by Dr. Sunil Sharma (PW-10). Darshna Devi had sustained serious burns. As per the Dr. Sunil Sharma (PW-10) Darshna Devi told him that the incident had occurred by accident. The doctor informed the police telephonically regarding the incident. Thereafter, Darshna Devi was treated by Dr.Poojan Jaswal (PW-11) from 15.1.2003 to 17.1.2003 but her condition remained the same. PW-12 Dr. Indu Bhardwaj treated and looked after Darshna Devi from 18.1.2003 to 23.1.2003. She was also treated by PW-17 Dr. S.K.Bansal on 25.1.2003 and by PW-13 Dr. Pushpa Raizada on 26.1.2003 but ultimately Darshna Devi succumbed to her burn injuries on 26.1.2003 at 3.05 p.m. Post mortem on the body of Darshna Devi was conducted by Dr.Praveen Bhardwaj (PW-14), who opined that the deceased had died on account of burn injuries received by her.