GANGADHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 30.10.2014 and 31.10.2014, respectively, rendered by the learned Addl. Sessions Judge (1), Mandi, H.P. in Sessions Trial No. 14 of 2013, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 302, 498 -A and 506 IPC, was convicted and sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 IPC and rigorous imprisonment for one year for the offences punishable under Section 498 -A and 506 IPC and to pay a fine of Rs. 1,000/ - each and in default of payment of fine to further undergo imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nut shell, is that on 6.9.2012, complainant Veena Devi got recorded her statement with PSI Ranjan Sharma under Section 154 Cr.P.C. in IGMC, Shimla. She reported that she was married to the accused 10 years back. Two sons, namely, Ayush and Priyanshu were born. On 4.9.2012, her mother -in -law was going to Jammu and the accused had also asked her to go to her parents house and he does not require her. He started abusing her. Her husband used to suspect her character. The complainant out of anger started packing her luggage and the accused kept on abusing her. She started cooking meal in the kitchen. Her husband brought the stove from the kitchen and sprinkled kerosene oil on her and put her on fire. After a long time, he poured the water on her. The complainant asked to bring her clothes, but the accused did not bring the clothes. She asked her husband to inform the ambulance at number 108, but accused did not inform. When she caught fire, after hearing her cries, the villagers also gathered outside the house, who informed the ambulance at number 108. Her mother was also informed. Few people came inside the house. The accused asked them to leave. Her statement was recorded at Rewalsar. She had given the statement under the fear of her husband that she caught fire due to bursting of stove. She was referred to Zonal Hospital, Mandi. The accused also accompanied her. Thereafter, she was referred to IGMC, Shimla, but accused got down from the ambulance stating that he will not accompany in case his in -laws will go to Shimla. The dying declaration of the deceased was recorded by PW -25 SI Ranjan Sharma on 6.9.2012. The statement was attested by Dr. H.R. Rahi, MO, IGMC, Shimla. The FIR was also registered. The stove, match -box and two burnt match sticks and burnt clothes were taken into possession. On 4.9.2012, the accused also tried to commit suicide by sprinkling kerosene oil over him and case FIR No. 243 of 2012 dated 5.9.2012 for the offence under Section 309 IPC was registered against him. On 14.9.2012, the deceased was referred to PGI, Chandigarh. On 16.9.2012, she was discharged from PGI. On 17.9.2012 when her parents were bringing her to home at about 11:00 AM, at place Chadol, near Bilaspur she expired and her dead body was brought to Zonal Hospital, Mandi, where post mortem was conducted. The accused also remained under treatment from 5.9.2012 to 3.1.2013 at Zonal Hospital Mandi. Thereafter, he was interrogated and his statement under Section 27 of the Indian Evidence Act was recorded. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Ramakant Sharma, Sr. Advocate, for the accused has vehemently argued that the prosecution has failed to prove the case against the accused. On the other hand, Mr. P.M. Negi, learned Dy. Advocate General, appearing on behalf of the State, has supported the judgment and order of the learned trial Court dated 30.10.2014 and 31.10.2014, respectively.