BHAG SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused Bhag Singh has been found guilty by the trial court for an offence u/S. 302 of the IPC. registered vide First Information Report No. 82/ 91. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - and in default of payment of fine, to undergo further simple imprisonment for a period of three years. The facts of this case may now be stated thus.

(2.) The accused was married to the deceased (30). They had two children out of this. wedlock. According to the prosecution, the deceased had gone to meet her parents with the prior permission of the accused on 6-10-l991. She returned on 7-10-91 at about 4 p.m. She prepared food, fed her children and went to sleep at about 9 p.m. The accused came at about 11p.m. He was in a state of intoxication. He asked the deceased as to why she came late and did not prepare vegetable for him since she should have known that he felt hungry after consuming liquor. The deceased took her children to the adjoining room and returned to the place where the accused was sitting. She attempted to console him by stating that she would cook vegetable for him but the accused was enraged to such an extent that he poured kerosene oil on her from a bottle (Ex. P.5), lit fire to a shouli (bundle of small sticks) and set the deceased on fire through it. He also dragged her out of the room and kicked her from the wall. She fell down in the kitchen garden and tore off her clothes and thereafter ran towards a nallah nearby (Chinhtu Nallah) and jumped into the water. She went to the police station in utter panic and complained to. Sub-Inspector Hem Singh (P.W. 9) at about 12.45 a.m. A complaint was recorded in the daily diary as report No.10, Police Station Banjar. She had stated in her report that her husband Bhag Singh poured kerosene oil on her and set her on fire as a result of which she received injuries on mouth, abdomen and arms. She wanted immediate medical treatment and she was sent to Primary Health Centre, Banjar, through Constable Alam Chand.

(3.) Sub-Inspector Hem Singh (P.W.9) moved an application to Block Medical Officer, Dr. Bine Ram (P.W. 1) for issuing a medical certificate whether the deceased was fit to make the statement. On 8-10-1991 at about 8-15 a.m., the doctor certified that she was fit to make the statement. This endorsement is recorded on this application (Ex.PL) as Ex.P. W. 1/ A. Accordingly, statement of the deceased was recorded (Ex.PM). She has held the accused responsible for pouring the kerosene oil on her and setting her on fire. The first Information Report (Ex.PH) was recorded on this basis and a case under S. 324 of the Indian Penal Code was registered. Medical Certificate regarding injuries was issued by Dr. Bine Ram (P.W. 1). The injuries found were grievous in nature. The doctor referred the deceased to District Hospital, Kullu, for treatment by a Surgical Specialist. This is recorded on document (Ex.PL) as Ex. P.W. 9/A. On the basis of the medico legal certificate (Ex.PA), the police converted the case to S. 326 of the Indian Penal Code.