RAKSHA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 2.5.2015 and 7.5.2015, respectively, rendered by the learned Addl. Sessions Judge, Hamirpur, H.P. in Sessions Trial No. 02 of 2014, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 302 and 307 IPC, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/ - and in default of payment of fine to further undergo simple imprisonment for one year under Section 302 IPC. She was further sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/ - and in case of default to further undergo simple imprisonment for 6 months for offence punishable under Section 307 IPC. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nut shell, is that on 3.10.2013 at about 12:50 PM, a telephonic message was received from MO CHC Bhoranj at PS Bhoranj that three ladies, namely, Sharda, Anju and Nisha, residents of village Patta have been brought for treatment as a burn case. PW -20 ASI Rajinder Singh alongwith other police officials visited the hospital. On reaching there the ladies were found admitted in burnt condition upon which an application Ext. PW -20/A was presented to M.O. CHC Bhoranj for their medical examination. Statement of Anju Devi wife of Shyam Dev was recorded vide Ext. PW -1/A. It was reported by her that her husband is Shyam Kumar and works in Ukhli Transport. Sh. Shyam Kumar has two brothers who are her Jeth and Debar. They all live separately in village Patta. Her mother -in -law was living separately in their old house in Patta Bazar. They are having a family dispute with respect to landed property with Jugal Kishore. On 3.10.2013 at about 12:00 noon, she alongwith her Jethani Sharda Devi and Devrani Nisha had gone to bazaar to see their mother -in -law. On reaching there, accused Raksha wife of Jugal Kishore was found digging the disputed land. She was requested not to dig the same. The accused went inside her kitchen and brought kerosene oil in a frying pan and threw the same upon them. She also threw burning paper upon them. Their clothes caught fire. On their making hue and cry, their mother -in -law reached there and poured water on them. In the meantime, other persons from neighbourhood gathered there. Jasraj also appeared at the spot and removed them to CHC Bhoranj for treatment. She alongwith her Jethani Sharda and Devrani Nisha had received burn injuries. On her statement, FIR Ext. PW -16/A under Sections 307 and 506 IPC was registered against the accused. The injured Anju, Sharda and Nisha were referred to RH Hamirpur from where Nisha and Sharda were further referred to IGMC, Shimla. During treatment at IGMC, Shimla, Sharda Devi succumbed to injuries on 3.1.2014. The post mortem report is Ext. PW -15/B. The spot map was prepared. Frying Pan Ext. P -1 and plastic can Ext. P -4 were taken into possession vide memo Ext. PW -5/B. The clothes were also taken into possession. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . N.K. Thakur, 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. M.A. Khan, Addl. Advocate General, appearing on behalf of the State, has supported the judgment/order of the learned trial Court dated 2/7.5.2015.