STATE OF H P Vs. VINOD KUMAR

JUDGEMENT

(1.) This appeal is directed against the acquittal of accused Vinod Kumar by Sessions Judge, Hamirpur in Sessions Case No. 8 of 1989, dated 30/04/1990 for offence under Section 302, Indian Penal Code. The facts of the case may now be recorded briefly.

(2.) Vinod Kumar (hereafter 'the accused') and Ashok Kumar (hereafter 'the deceased) were friends. On 16/02/1989, the deceased visited the accused in his shop in village Khaterwar in the evening. Both of them took liquor and started gambling by playing cards till late night. After winning sufficient amount from the accused, the deceased wanted to go home. The accused insisted that the gambling should be continued or the deceased should return the amount back. When the deceased did not agree, the accused poured kerosene oil from the stove on the person of the deceased and set him on fire. The deceased received burn injuries on his face and chest. The accused put a gunny bag on the person of the deceased in order to extinguish the fire. Ram Dass, owner of the shop, was residing in the ground floor of the same premises, heard the sound of foot steps in the upper storey at odd hours, came to the shop in question and found the shutters closed. He knocked and the shutters were opened by the accused. There was lot of smoke in the shop and it started coming out on the opening of the shutters. Ram Dass found the deceased sitting on the cot with burn injuries. Accused had also burn injuries on finger tips of his hands. The accused and Ram Dass called Joginder Singh to provide aid to the deceased. Thereafter, both these persons called the parents of the deceased and took him to the hospital at Bassi in the morning of 17/02/1989. During this time, the deceased gave the statement to the police that the accused, in order to kill him, set him on fire after pouring kerosene oil from the stove when he refused to continue the gambling with playing-cards. A case under Section 308, Indian Penal Code was registered against the accused by the police, Police Station, Boranj, but the deceased died on 18/02/1989 at 12.30 a.m. and the case was converted under Section 302, Indian Penal Code.

(3.) The police took into possession the stove, gunny bag, playing-cards, match box, pant, shirt and 'Bunian' of the deceased from the shop of the accused. The accused, during the course of interrogation, also disclosed that he had kept concealed six notes of hundred rupees de-nomination near the stove and got them recovered. Post mortem examination was conducted and the Doctor opined that the deceased died due to respiratory arrest owing to acute respiratory distress caused by burns. After completing the Investigation, the accused was challaned for offence under Section 302, Indian Penal Code.