DALIP ALIAS KHARKU Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has challenged the judgment dated 17th January, 2001 of learned Sessions Court, Kinnaur at Rampur Bushahr, whereby he has been convicted of offences, under Sections 302, 436 and 324 IPC and sentenced as follows: -

(2.) PROSECUTION case, which led to the trial, conviction and sentence of the appellant, as aforesaid, may be noticed. Appellant, who is a Gurkha, was married to deceased Sangita in October, 2003. He used to work somewhere near Shimla. Deceaseds parents live in village Jeori in Rampur Tehsil of Shimla District. About 10 -12 days after the marriage, father of the deceased fell ill. Both, the appellant and the deceased, went to Jeori, to enquire after his health. They stayed there for 2 -3 days. Thereafter the appellant wanted to return to his place of work, near Shimla, and asked the deceased to accompany him. She told him that she wanted to stay back upto Diwali. This offended the appellant. He returned to Shimla after administering threat to the deceased. On the next following night, i.e. 22nd October, 2003, the appellant allegedly went to Jeori around 2 a.m. and stealthily entered the room, in which the deceased alongwith her mother PW -2 Jai Devi and sister PW -1 Padma Devi was asleep. Deceased and her mother PW -2 Jai Devi were sleeping on one cot and PW -1 Padma Devi with her child, on the other. The appellant was allegedly carrying a torch and a Can, containing kerosene or petrol. He sprinkled kerosene/petrol over deceased Sangita and also inside the room and set Sangita on fire. Thereafter he ran away from the spot. He was seen in the light of the torch, which he was carrying as also the light of the fire. When Sangita, her mother and sister cried for help, PW -3 Biru, a brother of the deceased, and one Mewa Lal, who were asleep in adjoining rooms, came there. They were told that the appellant had sprinkled some inflammable material on Sangita and inside the room and caused fire. They came out to search for the appellant and saw him running away. They chased him. Appellant jumped down a Nullah and sustained serious injuries.

(3.) PW -18 ASI Keshav Singh moved an application, seeking opinion of PW -11 Dr. Lal Singh, if Sangita was fit to make a statement. That application is Ext. PW11/J. Doctor certified, vide endorsement Ext. PW11/K, that she was fit to make a statement. Thereafter statement of Sangita was recorded, which is Ext. PW18/A, and it was sent to Police Station for formal registration of the case. As per statement Ext. PW18/A, appellant entered the room stealthily, sprinkled kerosene on deceased Sangita and in the room and then set her and the room on fire and ran away.