STATE OF H.P. Vs. AMIN CHAND

JUDGEMENT

(1.) State has against the judgment of Sessions Court whereby the respondents have been acquitted of the charge under Sections 302, 498 A and 201 I.P.C.

(2.) Facts constituting the prosecution version may be summed up thus. Deceased Asha Devi was married to respondent Amin Chand in the year 1984. She gave birth to two sons, who were aged six and four in July, 1992 when she died of burn injuries. Respondent Amin Chand was employed at Chandigarh. His mother respondent Ajudhia Devi (now dead) started living with her daughters soon after the marriage of the deceased with respondent Amin Chand. On 10th July, 1992, respondent Amin Chand visited his native place in Palampur area of Kangra District. On coming to know that Amin Chand respondent had come to the village, his mother Ajudhia Devi, now dead, also came to the village. On 12 -7 -1992, when Ajudhia Devi had gone to the fields, the deceased was allegedly beaten -up by respondent Amin Chand with a Darat and there -after kerosene oil was poured on her and she was set on fire. Deceased sustained 40% burn injuries. Respondent Amin Chand went to Harish Chander (PW10), a medical practitioner of Khaira and demanded Burnole from him. He did not have burnole available in his clinic. So he gave him sopharamicin. Respondent Amin Chand visited PW10 again on 13 -7 -1992 with the request to visit his village and provide treatment to his wife who was having burn injuries. PW 10 visited the respondents place. He was told by Ajudhia Devi, the deceased respondent, that her son be saved. He saw deceased Asha Devi with 40% burn injuries. He asked Asha Devi, who was conscious, as to what had happened but she kept quite. PW 10 advised Amin Chand respondent to shift his wife to Palampur Hospital. Next day, i.e. on 14 -7 -1992, Amin Chand took the deceased to PGI Chandigarh where she died on 17 -7 -1992. She remained conscious till her death per testimony of PW 18 Dr. Rajesh Atam who along with other Doctors attended upon her at PGI, Post -mortem of the dead -body was conducted by PW19 Dr. C. Verma, Medical Officer of Government Hospital, Sector 16, Chandigarh. He found certain burn injuries. On her death, the injuries were opined to be second and third grade. The cause of death was opined to be septicemia following infected burns.

(3.) On 20 -7 -1992, FIR was lodged by PW1 Bishan Chand, an uncle of the deceased, that the deceased used to be harassed by respondent Amin Chand and his mother Ajudhia Devi. Police investigated the case. During the course of investigation, statements of residents of the village of the respondents were recorded who told that the deceased used to be subjected to beatings by respondent Amin Chand and his mother Ajudhia Devi. Police challaned both the respondents. They were charged and tried as aforesaid.