CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment rendered by the learned Sessions Judge, Chamba dated 16.7.2010 and consequent order dated 3.8.2010 in Sessions Trial No. 19 of 2010, whereby appellant -accused (hereinafter referred to as the accused) who was charged with and tried for offence under Sections 302 IPC, was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/ - and in default of payment of fine amount he was ordered to undergo simple imprisonment for three years. The period of detention during investigation and trial was directed to be set off from the sentence of imprisonment.

(2.) THE case of the prosecution, in a nut shell, is that on 7.12.2009, accused poured kerosene oil on his wife namely Saro Devi at his house at village Rampur, Pargana Dhundi, Tehsil and District Chamba. She was put on fire with a matchstick. Some people came for her rescue and accused also tried to rescue her by putting off the fire. She suffered severe burn injuries. Her brother PW -2, was informed. He reached on the spot and she was shifted to hospital at Chamba for medical aid. Thereafter she was referred to Tanda, where she remained admitted for some time. The brother of the deceased was advised to take her back. She died on 15.1.2010. Post mortem was conducted on the body. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) MR . K.B. Khajuria Advocate, appearing for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, has supported the judgment of the learned Sessions Judge dated 16.7.2010 and consequent order dated 3.8.2010.