ANIL CHOPRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants before us were all charged and tried for the offence under Section 302 read With Section 34 I. P. C. by the Sessions Judge, Sirmur and Solan districts at Nahan. The common charge against the appellants was founded on the allegations that on 20-8- 1982 they had all in furtherance of their common intention intentionally caused the death of Mrs. Kiran Chopra wife of appellant No. 1 Anil Chopra by setting her on fire after pouring kerosene oil on her body.

(2.) The learned Sessions Judge who conducted the trial found all the three appellants guilty of the offence aforesaid. He, therefore, vide his judgment dated 24-3-1983 convicted them all under Section 302/34 I.P.C. and sentenced each of them to life imprisonment. The appellants have now approached this Court in appeal.

(3.) The main facts of this case are not in dispute and may be briefly narrated thus. Appellant No.2 Shri R. K. Chopra is the father and appellant No.3 Mrs. Santosh Chopra is the mother of appellant No. 1 Anil Chopra. The deceased Mrs. Kiran Chopra was married to appellant No.1. in February 1981. Appellant No.1 at that time was employed as Administrative-cum-Personnel Officer with the Cement Corporation of India, Rajban which job he continued to hold till his arrest in this case. After marriage, appellant No.1 and his wife Mrs. Kiran Chopra (deceased) lived by themselves in their flat at Rajban. In July 19151 appellant No.2 Shri R. K. Chopra retired from service and thereafter he and his wife appellant No.3 Mrs. Santosh Chopra also joined appellant No.1 and the deceased Mrs. Kiran Chopra at Rajban and continued to the there. In December, 1981 the deceased Mrs. Kiran Chopra gave birth to a son. The family living at Rajban at the time of occurrence thus comprised of the three appellants, the deceased Kiran Chopra and the infant child.