RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant, Raj Kumar, hereinafter referred to as the accused stands convicted by the learned Additional Sessions Judge, Mandi, in Sessions Trial No. 5 of 1996, vide judgment dated 22.12.1998, for the offences under Section 302 and 307, Indian Penal Code, and has been sentenced as under:

(2.) The prosecution story briefly may be thus stated. On 23.10.1995 at about 7 p.m., one Smt. Monika wife of PW 2 Amit Prakash was brought to District Hospital, Mandi, as a burn case. She was having about 60% burns. PW 3 Dr. Jiwa Nand accordingly informed the police telephonically. On the basis of such information PW 15 Head Constable Onkar Singh went to the hospital and after obtaining the opinion of PW 3 Dr. Jiwa Nand that the injured Smt. Monika was fit to make a statement, recorded her statement Ex. PE/1 under Section 154, Code of Criminal Procedure, to the following effect:

(3.) The above statement after having been recorded was sent to the Police Station and on its basis a case for the offence under Section 307, Indian Penal Code, came to be registered vide FIR No. 514/95, Ex. PW 14/-B.