KAMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 12.1.2009, passed by learned Addl. Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 11 -N/7 of 2006, titled as State of Himachal Pradesh vs. Kamla Devi & another, whereby appellant -accused Kamla Devi stands convicted for having committed offences punishable under the provisions of Sections 302 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 10,000/ - for an offence punishable under Section 302 IPC and rigorous imprisonment for a period of two years and fine of Rs. 5000/ - for an offence punishable under Section 324 IPC, she has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) CASE of prosecution, emerging from the records is that on 22nd September, 2005 at about 10.15 a.m., Smt. Sajji Devi (deceased) had gone to cut grass. On her way back she was stopped by accused Kamla Devi who was standing in the courtyard of her house. Kamla Devi made inquiries with regard to dirt around the water tank and threw a glass full of acid on the face and body of Sajji Devi resulting into severe and serious burn injuries. Master Anil, aged 3, who was playing close -by also suffered burn injuries. The incident was witnessed by Smt. Gumani Devi (PW -1) and Smt. Geeta Devi (PW -2). Sh. Rabhubir Sharma (PW -3) husband of Smt. Sajji Devi took her to the hospital at Paonta Sahib, where Dr. Kamal Pasha (PW -8) after medical examination, finding the patient to be serious, referred her for treatment, vide MLC (Ext. PW -8/A), to the Post Graduate Institute of Medical Education and Research, Chandigarh, where she was medically examined by Dr. Deepak Kalia (PW -15). Ultimately on 24.10.2005, Smt. Sajji Devi succumbed to her burn injuries. Post mortem of her dead body was conducted by Dr. D.K. Singh (PW -14), who issued Post Mortem Report (Ext. PW -14/B). Initially Dr. Kamal Pasha (PW -8) had informed the police hence SI -Gurdeep Singh (PW -19) from Police Station Paonta Sahib reached the hospital at Paonta Sahib where he recorded statement (Ext. PW -10/A) of Smt. Sajji Devi. Const. Narain Singh (PW -10) took ruka to Police Station, Shillai where F.I.R. No. 51 of 2005, dated 22.9.2005 (Ext. PW -21/A) was registered against the accused under the provisions of Sections 341 and 324 of the Indian Penal Code. S.H.O. of the concerned Police Station Sh. Shyam Lal Thakur (PW -21) visited the spot and conducted necessary investigation. Accused Kamla Devi who was arrested on 23.9.2005, produced glass (Ext. P -5) used for throwing the acid, in the presence of independent witness Sh. Sant Ram (PW -5), which was seized by the police vide seizure memo (Ext. PW -5/B). Investigation revealed Kamla Devi had procured the acid from accused Amarjeet Singh. In the incident Kamla Devi was also injured as drops of acid had fallen on her clothes. She was also got medically examined from Dr. S.N. Sachan (PW -13) who issued MLC (Ext. PW -13/B), injuries being simple in nature. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as twenty -one witnesses and statements of the accused under Section 313 Cr.P.C. were recorded in which accused Kamla Devi took up the following plea: