STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 16.7.2010 rendered by the learned Sessions Judge, Fast Track Court, Kangra at Dharamshala in S.T. No. 24/10, whereby the respondent-accused, (hereinafter referred to as "accused" for convenience sake) who was charged with and tried for offence under Section 306, IPC, has been acquitted by the learned trial Court.

(2.) Case of the prosecution, in a nutshell, is that the deceased Shalu was daughter of Sukh Dev and earlier upon the complaint of Sukh Dev, a case under Sections 363, 366 and 376, IPC was registered against the accused. After the aforesaid case, the accused used to threaten Shalu that he would again kidnap her. Accused had been teasing Shalu. On 18.7.2008, at 9.00 p.m., accused came to the house of complainant and abused the complainant and threatened that he would take away Shalu forcibly. On 19.7.2008, at about 10 a.m., when complainant along with his wife was working in his fields, Shalu poured kerosene oil on her and set herself ablaze. Fire was extinguished by the complainant and he informed the Pradhan of the Gram Panchayat. Thereafter, Shalu was taken to Daulatpur since she had sustained burn injuries. Shalu was referred to Chandigarh for further medical treatment but complainant brought her back since he had no money to go to Chandigarh. Thereafter, police was informed and statement of complainant was recorded. Medical examination of Shalu was conducted. On 24.7.2008, statement of Shalu was recorded by the police in the presence of medical officer. Shalu expired. Post-mortem examination was conducted. FIR was registered. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as fourteen witnesses to prove its case against the accused. Accused was also examined under Section 313, Cr.P.C. He pleaded innocence. Trial Court acquitted the accused as noticed above. Hence, this appeal.