SURJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal, is, directed by the appellant/accused, against the impugned judgment, rendered, on, 19.3.2010, by the learned Sessions Judge, Hamirpur, H.P., in, Sessions Trial No. 20 of 2009, whereby, the learned trial Court convicted and sentenced the accused/appellant as under:

(2.) THE brief facts of the case, are, that, on 10th February, 2009, at about 2.10 P.M., a telephonic call was received in Police Station, Hamirpur, from an unknown person to the effect that, at, Village Kangru, one Kanta Devi has been burnt by her husband, namely, Surjit Singh, accused, by sprinkling kerosene oil on her person and she is being shifted to the Regional Hospital, Hamirpur. The said information was recorded in the daily diary comprised in Ex. PW15/A and Inspector Anjni Kumar along with SI Guler Chand, ASI Surinder Singh, H.C. Duni Chand, No. 24 and Lady Constable Nisha Devi, No. 28, proceeded to the Regional Hospital, Hamirpur. Inspector Anjni Kumar moved an application, Ex. PW9/A, to the Medical Officer, Regional Hospital, Hamirpur, with a request to examine Smt. Kanta Devi and to report as to whether her clothes smelt of kerosene oil or not or whether she was fit to make her statement or not. The Medical Officer, PW -9, Dr. L.P. Mathur, made an endorsement Ex. PW9/B, to the effect that Kanta Devi was fit to make the statement. Thereafter, Inspector Anjni Kumar recorded her statement under Section 154, Cr.P.C., to the effect that she was married to the accused in the year 1988 and out of the said wedlock two daughters and one son were born. They were all school going children. Her husband was posted as a constable in the 2nd Battalion, Dharamshala. On 10th February, 2009, her children had gone to the school and the accused was on leave at home. At about 1.45 PM, the accused started demanding money from her to purchase liquor, but she declined his demand, on which, he threatened to burn the house as also her. At that time, he set the clothes, kept in the room, on fire and there was a kerosene oil bottle kept there. He sprinkled kerosene oil on her, from the bottle and threw upon her a burning cloth and, hence, her clothes caught fire. She cried for help and the neighbours came there and they doused the fire. Thereafter, she was shifted the hospital. It was reported by her that the accused is in the habit of giving beatings to her and, as and when her children interfere, he beats them also. It was further stated by her that she was making the statement in her full senses and that she had heard the statement and admitted it to be correct. The said statement was signed by her in the presence of Inspector Anjni Kumar and attested by PW9, Dr. L.P. Mathur. On the basis of statement made by the deceased, FIR was registered in the Police Station for the offences punishable under Sections 498 -A and 307, IPC. The police investigated the case. During the course of the investigation, the police took into possession the clothes of the deceased. The accused was arrested by the police and got medically examined. The Medical Officer had preserved the clothes, which the accused was wearing and handed over the same in a sealed cover to the police. The sealed cover was deposited on the same day with the MHC. During the course of the investigation, Inspector Anjni Kumar collected one plastic bottle, half burnt shawl, one bed sheet and a match box from the spot which were sealed in separate parcels with seal 'H' and were taken into possession vide separate recovery memos, in the presence of the witnesses. The specimens of seal were also drawn on a separate piece of cloth. The Investigating Officer got clicked the photographs of the spot and also prepared the site plan.

(3.) DURING the course of further investigation of the case, the investigating officer obtained the revenue records on an application having been moved by him and the statements of the witnesses were recorded.