RAM SWAROOP MEHRA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE accused Ram Swaroop has filed this appeal against his conviction in Sessions Trial No. 18 -S/7 of 1997 by learned Additional Sessions Judge, Shimla, Circuit Court at Rohru whereby the learned Additional Sessions Judge by judgment of conviction and sentence dated 18.5.2001 has sentenced the accused under Sections 498 -A of the Indian Penal Code to undergo imprisonment for 6 months and a fine of Rs. 2,000/ -. In default of payment of fine of Rs. 2,000/ - he was to undergo further simple imprisonment for 2 months. The accused was also convicted and sentenced under Section 324 of the Indian Penal Code for 3 months and a fine of Rs. 1,000/ -. In default of payment of fine of Rs. 1,000/ - he was to undergo further simple imprisonment for one month.

(2.) THE brief facts as gathered from the judgment of the trial Court are that PW -1 Saroj Kumari was married with accused Ram Swaroop on 30.5.1993. She stayed in her matrimonial house with accused for one month. The accused brought her to Rohru where he was running a tea shop. The accused started beating and mal -treating PW -1 Saroj Kumari on account of bringing less dowry. On 28.2.1994 at 6.00 p.m. PW -1 Saroj Kumari was preparing meal in her house and in the meantime, accused Ram Swaroop being drunk came and rebuked his wife Saroj Kumari on the pretext that she has brought insufficient dowry. The accused started snatching pandal/locket and when she resisted the accused picked up a container of kerosene and poured it on her body. He also set her body ablaze with the help of burning fire wood. PW -1 raised alarm which attracted the attention of neighbourers who came there and rescued her. She was taken to Rohru Hospital in unconscious condition. PW -12 Madan Lal recorded the statement of PW -1 Saroj Kumari under Section 154 of the Code of Criminal Procedure vide Ext.PW -1/A. The FIR was registered vide Ex.PW -9/A. PW -5 Dr. Prem Machhan examined PW -1 Saroj Kumari. PW -12 Madan Lal, Investigating Officer had also visited the spot and prepared the site plan Ex.PW -12/A. He also took into possession burnt pieces of clothes, gunny bags, burnt shirt, salwar, pullover, shawal etc. vide recovery memos. Ex.PW -3/A to Ex.PW -3/E, shirt Ex.P -2, Salwar Ex.P -3, pullover Ex.P -5 and shawal Ex.P -6. The accused also made a disclosure statement under Section 27 of the Indian Evidence Act Ex.PW -6/B on the basis of which one letter was recovered and taken in possession vide memo Ex.PW -6/D. The report of Chemical Examiner is Ex.PW -12/C. The Investigating Officer also took into possession letter Ex.PW -1/B alleged to have been written by Saroj Kumari to her father Bal Krishan. The matter was investigated by the police and the challan was put up in the Court. The prosecution examined as many as 13 witnesses to prove its case. The accused was examined under Section 313 of the Code of Criminal Procedure. The accused was convicted and sentenced by the trial Court on 18.5.2001 as stated above. The appellant -accused is in appeal.

(3.) THE Additional Advocate General has supported the impugned judgment and had submitted that the prosecution has proved the case against the appellant. He has relied upon statements of PW -1, PW -2 and PW -5 and other material on record.