STATE OF HIMACHAL PRADESH Vs. SHEELA DEVI

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 30/9/2013 passed by learned Additional Sessions Judge (I), Kangra at Dharamshala, H.P.,(learned Trial Court), vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of an offence punishable under Sec. 306 read with Sec. 34 of Indian Penal Code (in short IPC). (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that deceased Kamaljeet Singh used to drive the vehicle in Delhi. He visited his house at Dev Bharadi 7-8 days before the incident. Sheela Devi (accused No.1) is his mother and Harindra Kumari (accused No.2) is his sister. He had a dispute with his mother Sheela Devi over land. She filed a complaint before the police and the police called him to the Police Station on 28/5/2009 on the complaint of his mother. Accused Sheela Devi and Harindera Devi and the deceased were residing in one house. They used to abuse the deceased. The deceased was residing in another room. Accused Sheela Devi and Harindera Kumari (accused No. 1 and 2) abused him on the night of the incident and continued abusing him till late night. The deceased woke up at 2:00 a.m. and poured kerosene oil on himself. He set himself on fire. He cried for help. His wife Santosh Devi (PW-6) woke up and extinguished the fire. She also sustained injuries in the process. Kamaljeet had immolated himself due to the harassment of Sheela Devi and Harindera Kumari. Statement (Ext. PW-4/A) of Kamaljeet Singh was reduced into writing and sent to the Police Station where F.I.R. (Ext.PW-8/C) was registered. HC Kamlesh Chand (PW-10) filed an application(Ext.PW-5/A) for obtaining the MLC of Kamaljeet Singh. Dr. Ashutosh Joshi (PW-5) conducted the medical examination of Kamaljeet Singh and found that he had sustained 95% burns. He was given emergency treatment and referred to Dr. Rajendra Prasad Government Medical College, (RPGMC) Tanda. According to Dr Ashutosh, the nature of the injury was grievous and could have been caused within 24 hours of the examination. He issued MLC (Ext.PW-5/B). He also examined Santosh Devi (PW-6) and found superficial burns to the extent of 9% on the right forearm. The nature of the injuries was simple, which could have been caused within 24 hours of examination. He issued the MLC (Ext.PW-5/C). Kamlajeet Singh was taken to Sukh Sadan Hospital, where he succumbed to his injuries. Dr Suman Saxena (PW-1) conducted the post-mortem examination of Kamaljeet Singh and found that the deceased had died due to antemortem burn injuries. She issued a post-mortem report (Ext.PW-1/B). Photographs of the deceased Ext.P-1 to P-3 whose negatives are Ext.P-4 to P-6) were taken. HC Kamlesh Chand (PW-10) filed an application (Ext. PW-7/C) and obtained a treatment summary (Ext.PW-9/B) from the hospital. Statements of witnesses were recorded as per their version and after completion of the investigation challan was prepared and presented before the learned Sub Divisional Judicial Magistrate, Nurpur, who committed it for trial to learned Sessions Judge, Kangra at Dharamshala, H.P. Learned Sessions Judge, Kangra assigned the case to learned Additional Sessions Judge (I), Kangra at Dharamshala, H.P. (learned Trial Court) for its disposal as per law.

(3.) The learned Trial Court, charged the accused with the commission of an offence punishable under Sec. 306 read with Sec. 34 of IPC, to which the accused pleaded not guilty and claimed to be tried.