STATE OF HIMACHAL PRADESH Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 17.3.2008, rendered by the learned Addl. Sessions Judge, Sirmour at Nahan, H.P. in Sessions Trial No. 14 -N/7 of 2006, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 452, 376 read with Sections 511, 302 and 506 -II of the IPC, has been acquitted.

(2.) THE case of the prosecution, in a nut shell, is that on 4.4.2006 at about 11:00 PM at Rampur Banjaran, deceased Anuradha wife of PW -1 Rajinder Kumar and mother of Mrinal Gupta (PW -11) alongwith her son and daughter were present in her house. She was sleeping in her house alongwith children when the accused went there and knocked at the door of the house of the deceased. When the deceased opened the door of her house, the accused entered into the house and bolted the room from inside. The accused tried to commit rape and also gave beatings to her. Thereafter, the accused poured kerosene oil upon the deceased from kerosene bottle which he was carrying and lit the match stick setting the deceased on fire. In the meantime, Mrinal Gupta (PW -11) daughter of the deceased woke up and saw the deceased on fire. The accused ran away from the spot. The fire was extinguished by Mrinal Gupta (PW -11) by pouring water on the deceased and the clothes of the deceased were changed and kept on a gunny bag. One gent's underwear and belt were also found lying in the room by Mrinal Gupta (PW -11). There was smell of kerosene oil from the clothes of the deceased. The deceased alongwith Mrinal Gupta (PW -11) went to the house of Kusum Devi (PW -6), the mother of the deceased. They alongwith Sanjeev Kumar (PW -9), the brother of the deceased took the deceased to Pawar Clinic at Paonta Sahib where the deceased was examined by Dr. Inderjeet Singh (PW -2) who advised to take the deceased to better hospital having good facilities. Kusum Devi (PW -6) deputed her son Sanjeev Kumar (PW -9) to inform Rajinder Kumar (PW -1), the husband of the deceased, who was on duty at Mineral Water Factory, Dhaula Kuan. On receipt of such information, Rajinder Kumar (PW -1) went to Dhaula Kuan and saw the deceased to be badly burnt and lying in the vehicle. The deceased was accompanied by Kusum Devi (PW -6). The deceased was taken to hospital at Nahan at about 6:30 AM where she was examined by Dr. A.K. Gupta (PW -3). She was found to have suffered superficial burns grade one and two approximately 80% to 90% regarding which MLC Ext. PW -3/A was issued by him and the deceased was referred to PGI, Chandigarh.

(3.) THE prosecution, in order to prove its case, has examined as many as 20 witnesses. The accused was also examined under Section 313 Cr.P.C. He has denied the prosecution case and his involvement in the incident. The learned trial Court acquitted the accused, as noticed hereinabove.