SHAM SUNDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER Sham Sunder has assailed the framing of charge against him by Sessions Judge, Una, dated 17 10 1992 for offences under Sections 302/304B and 498 A of the Indian Penal Code.

(2.) THE prosecution case, shortly stated, is that the accused had married the deceased (Seema) on 16th October, 1988. For sometime, the relations between the couple were good. However, they started becoming strained on account of the harassment of the deceased by the petitioner and his demands for dowry. On 25 7 1990, at about 8.45 p.m., the accused set her on fire by pouring kerosene oil on her while she was in the kitchen of the house. A doctor was called, on whose advice the deceased was shifted to District Hospital, Una, and then to P.G.I. Chandigarh within hours, where she died on 27 7 1990 at 8.45 p.m. During the course of investigation, the police examined certain witnesses, collected certain documents and other evidence relating to this case and then finally, on completion of investigation, the matter was brought before the trial court for the prosecution of the accused.

(3.) IN 1972 Cri LJ 329: (AIR 1972 SC 545) (Century Spinning & Manufacturing Co. Ltd. v. The State of Maharashtra) it has been held that para 16, page 335 :