RAM LAL Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Ram Lal has preferred this appeal against the Judgment dated 20-4-2000 of learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in Sessions Trial No. 8 of 1999, whereby he has been convicted of the offence under Section 302, Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of which he has been ordered to undergo simple imprisonment for two years.

(2.) Facts relevant for the disposal of the appeal may be noticed. On 20-2-1999 a telephonic call was received at Police Station, Rampur Bushahr from Sh. G. S. Guleria, Executive Engineer, I.P.H., Rampur. The caller informed that the wife of the Chowkidar, namely Ram Lal (appellant), employed in his office had caught fire in the quarter of the said chowkidar and they (the caller & some others) had extinguished the fire and sent the lady to the Referral Hospital, Rampur and that the matter may be enquired into. The report was entered in the Rojnamcha. Sh. Jeet Ram, Inspector/SHO, Police Station, Rampur Bushahr, accompanied by some police officials, went to Referral Hospital, Rampur. He made an application to the Medical Officer concerned, for conducting the medico legal examination of the lady and also for intimating whether the lady was fit to make statement. The Medical Officer gave in writing that the lady was fit to make statement. Thereafter the said Inspector, Sh. Jeet Ram, recorded the statement of the lady, under Section 154, Code of Criminal Procedure. The lady stated that she had married the appellant about two years back and that at the time of her marriage with the appellant she had a son, which she conceived from one Guddu, who had kidnapped her about 7-8 years back. She further told the appellant was already married at the time of contracting marriage with her and this fact was not disclosed to her by him. It was further stated by her that because of this often they used to quarrel and that on the day of her making the statement, i.e. 20-2-1999 also, they had a quarrel and that in a fit of rage she sprinkled kerosene on herself feeling that there was no sense in living such a miserable life and that her husband got angry and set her ablaze due to which she had been badly burnt. She also reported that she had been brought to the hospital by the people of her husband's department. Further she stated that she had been set on fire with the intention of being killed.

(3.) On the basis of the aforesaid statement case was formally registered against the appellant vide FIR No. 29 of 1999. The deceased was got medically examined on the same day. The doctor noticed that the lady had 90% second degree burns all over her body, except the back. She was referred to Indira Gandhi Medical College, Shimla.