SURENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 15.7.2013, rendered by the learned Sessions Judge, Sirmaur at Nahan, H.P. in Sessions Trial No. 32-ST/7 of 2012, whereby the appellantaccused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 302 IPC, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 IPC.

(2.) The case of the prosecution, in a nut shell, is that on 24.5.2012 at about 9 or 9:30 AM when PW-2 Guman Singh, PW-3 Vipin, PW-4 Manoj Kumar and Prem Pal were working in their fields situated near the house of accused, they heard a noise and smoke coming out from the upper storey of the house of accused. They rushed towards his house and found that the accused was walking on the lintel of his house while his mother was taking bath in the bathroom on the lower storey of the house. They opened the door and broke open the window panes so that the smoke could come out. Thereafter, PW-4 Manoj Kumar entered the room and brought Pariksha (deceased) out of the room. She had severe burn injuries on her person and her clothes were also burnt. She was not in a position to speak. Thereafter, she was removed to Rajgarh in the Car of accused and on the way she was shifted to 108 Ambulance which was called from Rajgarh. The Medical Officer, CH Rajgarh, informed the police about the incident. PW-11 HC Islam visited CH Rajgarh and deceased was declared unfit to make statement by the M.O. She was referred to Regional Hospital, Solan by MO, CH Rajgarh. In the meanwhile, brother of deceased PW-1 Hari Dass received information about this occurrence and he alongwith his mother visited Solan hospital and found that the deceased was not in a position to speak. From Regional Hospital, Solan the deceased was referred to IGMC, Shimla. She died on the way to IGMC, Shimla. FIR Ext. PW-1/A was lodged. The post mortem was conducted on the dead body. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 17 witnesses. The accused was also examined under Section 313 Cr.P.C. He has pleaded innocence. The accused has also examined two DWs in defence. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.