PARAT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Parat Singh (hereinafter referred to as the accused) has appealed against the judgment dated 25.9.2007 of the learned Sessions Judge, Sirmaur District at Nahan, passed in Sessions Trial No.29-ST/7 of 2005/2004, titled as State of Himachal Pradesh versus Parat Singh, whereby he stands convicted for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code. He is sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 25,000/- and in default of payment of fine to further undergo rigorous imprisonment for three years.

(2.) It is the case of prosecution that on 20.5.2004, at about 8.30 a.m., information was received, on telephone, at Police Station, Paonta Sahib, that a lady was burnt at Durga Colony, Taruwala. Information (Ex. PW-1/A) was recorded in the Daily Diary Register. SHO Khajana Ram (PW-23) proceeded to the spot, where he was informed that the lady was taken to the Civil Hospital, Paonta Sahib, from where he went to the hospital and met Dr. K.L. Bhagat (PW- 2), who was attending to the injured i.e. Smt. Bimla Devi (deceased). On an application (Ex. PW-2/A) moved by the police, Dr. K.L. Bhagat certified her fit to make a statement. Thereafter, SHO Khajana Ram recorded statement (Ex. PW- 2/B) of Bimla Devi in the presence of the doctor (PW-2). Thumb impression of Bimla Devi was obtained on her statement and PW-2 also appended his signatures on the same. MLC (Ex. PW-2/C) of Bimla Devi, issued by Dr. Bhagat, was taken into possession by the police. Since condition of the injured was critical, she was referred for further treatment to PGI at Chandigarh. Enroute Bimla Devi expired and her body brought back to the hospital, where postmortem was conducted by Dr. Kamal Pasha (PW-17), who issued postmortem report (Ex.PW-17/B). Prior thereto, inquest report (Ex. PW-4/A) was prepared by the police. SHO Khajana Ram proceeded to the spot and collected incriminating material in the shape of burnt skin (Ex.P-3), burnt ash (Ex. P-4), burnt nails kept in a small glass jar, burnt clothes (Ex. P-8), Chappals/Sandals (Ex. P-2), plastic bottle of kerosene (Ex. P-5), match box (Ex. P-6) and broken bangles (Ex. P-7). This was done in the presence of Smt. Randeep Kaur (PW-3) and Neeraj Sharma. Recovery was effected vide memos (Ex. PW-3/B & 3/C). Spot map was prepared by Dharam Singh (PW-10) and Vijay Chauhan (PW- 13) and photographs of spot of crime taken by Gulsher Ahmed (PW-12). On the spot, police arrested Parat Singh (accused), husband of Bimla Devi, who allegedly set his wife on fire by pouring kerosene oil.

(3.) Investigation of the case was conducted by Dy. S.P. Pritam Singh (PW-20), Dy. S.P. Bhagat Singh Thakur (PW-22) and SHO Khajana Ram (PW-23). Investigation revealed that Bimla Devi was married to accused in the year 1982. Since she could not conceive and deliver a child, accused solemnized another marriage with a lady by the name of Suman, who through the accused, conceived and delivered a child. This was all during subsistence of his marriage. Accused would torture Bimla Devi and pressurize her to give divorce. Investigation also revealed that Bhabi (sister-in-law) of the accused died after giving birth to a child, namely Pankaj Kumar, who lived with the deceased. Persistently, accused tortured the deceased.