STATE OF HIMACHAL PRADESH Vs. BIMLA DEVI

JUDGEMENT

(1.) State has assailed acquittal of respondent vide judgment dated 25.7.2013 passed in Sessions Trial No. 72- J/VII-2010/2009 by Sessions Judge, Kangra at Dharamshala in case FIR No. 136 of 2008 under Sections 498-A and 306 IPC registered in Police Station Indora.

(2.) We have heard learned counsel for the parties and have also gone through the record.

(3.) On 18.6.2008 at about 11.30 A.M. a telephonic message was received in Police Post Fatehpur, calling police for action, as a lady having burn injuries was brought for treatment in CHC, Fatehpur. On reducing the said information into writing as report No. 7, dated 18.6.2008, PW-2 ASI Mohinder Singh along with Head Constable Rajesh Kumar departed for CHC Fatehpur, on whose application Ex. PW-2/B, Medical Officer opined that injured was fit to give statement whereupon statement of injured Ex. PW-2/D was recorded in presence of PW-11 Janak Raj Pradhan Gram Panchayat, Up-Pradhan Karnail Singh and Medical Officer duly attested by Medical Officer wherein injured (deceased Asha Devi) stated that she caught fire accidently when she was lighting kerosene stove and on crying her mother-in-law who was outside with cattle, came and extinguished fire and in the incident there was no negligence or fault of any body. The said statement was also reproduced in rapat No. 9, dated 18.6.2008 Ex. PW-2/E in Police Post, Fatehpur by PW-2 ASI Mohinder Singh. On finding that case pertained to jurisdiction of Police Station Indora, at about 1:00 P.M., telephonic information was sent to Police Station Indora through Head Constable Rajesh Kumar on behalf of Incharge of Police Post Fatehpur for taking action in the matter with further information that statement of injured has been recorded whereupon, from Police Station Indora, PW-9 H.C. Anubhav Krishan was sent to CHC Fatehpur where he found that injured had been taken to Pathankot for treatment. From Pathankot deceased was shifted to Dr. Rajendra Prasad Government Medical College (RPGMC), Tanda. On 19.6.2008, PW-9 H.C. Anubhav Krishan, on receiving telephonic information about return of father of injured (deceased), who was accompanying her in hospitals, to his village, went to parental village of deceased, where he found that PW-15 ASI Geeta Parkash had already arrived there who recorded statement Ex. PW-10/A of PW-12 Subash Singh, father of deceased under Section 154 Cr.P.C.