STATE OF HIMACHAL PRADESH Vs. AJAY KUMAR

JUDGEMENT

(1.) By way of the present appeal, the State has come before this Court laying challenge to Judgment dated 15.10.2011 rendered by the learned Additional Sessions Judge (II), Kangra at Dharamshala, District Kangra, Himachal Pradesh in S.T. No. 21/2011, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences under Sections 498(A), 302 and 201 IPC, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that the deceased Bandana was married to accused Ajay Kumar in February, 2010. After a few months of marriage, the accused started torturing and harassing the deceased. On 10.10.2010, at about 10 PM accused came to his house under the influence of liquor. His wife, Bandana, raised objection as to why the accused had consumed liquor. Upon this, the accused tried to beat Bandana. She went to the kitchen. Accused followed her. Accused poured Kerosene oil on her and set her on fire. Bandana raised alarm and consequently accused tried to extinguish the fire with the help of quilt. Bandana was taken to Palampur Hospital for medical treatment. In the same evening, her statement was recorded in Palampur Hospital by the police, wherein she stated that she sustained burn injuries as a result of accident because the Can of Kerosene oil suddenly fell on her and her clothes caught fire. The injured was referred to RPGMC Tanda, where she was given medical treatment. On 25.10.2010, Bandana desired to make her statement. Tehsildar Kangra was associated by the police and in the presence of Tehsildar Kangra in Tanda Hospital, statement of injured Bandana was recorded, wherein she categorically stated that she had made the earlier statement under the influence of her husband/accused, who had threatened to kill her parents. In her subsequent statement, Bandana stated that she was being tortured by the accused. On 10.10.2010, when accused came home under the influence of liquor, she raised objection, upon which accused sprinkled Kerosene oil on her and set her on fire. On the basis of said statement, FIR was registered. Investigation was carried out. Police took into possession the Can. Accused was arrested. Place was got identified. Bandana died on 30.10.2010 at Tanda Hospital. Inquest papers were prepared. Case property was sent for chemical examination to RFSL Dharamshala. The Investigating Officer visited the spot and prepared the spot map. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as eighteen witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. One witness was examined on the side of accused. Learned trial Court acquitted the accused. Hence, the present appeal by the State.