(1.) State has appealed against the judgment dated 18.1.2012, passed by learned Additional Sessions Judge (I), Kangra at Dharamshala, Himachal Pradesh, in Sessions Case No.25 -B/2009, titled as State of Himachal Pradesh v. Ramesh Chand, challenging the acquittal of respondent Ramesh Chand (hereinafter referred to as the accused), who stands charged for having committed offences punishable under the provisions of Sections 498 -A and 302 of the Indian Penal Code.
(2.) On the basis of complaint (Ex.PW -1/A) so made by Smt. Sarla Devi (PW -1), FIR No.92, dated 22.7.2009 (Ex.PW -12/A), for commission of offence under the provisions of Section 498A/306 of the Indian Penal Code, was registered at Police Station, Baijnath. Investigation so conducted by SI Ghanshyam Chand (PW -16), revealed that accused subjected his wife, i.e deceased Veena Devi to cruelty, which prompted her to take away her life by setting herself on fire on 21.7.2009. Resultantly challan was presented in the Court and the accused was charged for having committed offences, punishable under the provisions of Sections 498A and 306 of the Indian Penal Code.
(3.) During trial, it was so observed that in fact it was the accused, who had set his wife, i.e. deceased Veena Devi, on fire, as a result of which the charge was altered in relation to offence, punishable under the provisions of Sections 498A and 302 of the Indian Penal Code.