JARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.9.1997 whereby the learned Sessions Judge, Chamba has convicted the appellant -accused (hereinafter referred to as the accused) under Section 302, IPC and has sentenced him to life imprisonment and to pay fine in the sum of Rs. 5,000/ -, in default of which he has been directed to undergo further imprisonment for two years.

(2.) The case of the prosecution in brief is that Nimmo (since deceased) was married to the accused about 8 or 9 years before her death on 20.9.1996. After about two years of their marriage, the accused started beating said Nimmo -while under the influence of liquor and would not provide her maintenance and turned her out of the martrimonial home but the child born out of the wedlock was not given to her. She had to move an application under Section 97 of the Code of Criminal Procedure to get the child. She had to institute a case claiming maintenance from the accused which ultimately ended in compromise and she started living with the accused. On 25.8.1996, accused returned home at about 10.00 p.m. when he was drunk. His wife Nimmo and their child were sleeping on a cot. The accused pulled Nimmo out of the cot, threw her on the floor, sprinkled kerosen oil on her and then set her on fire as a result of which she suffered serious burn injuries and fell unconscious. After the re -gained consicousness, she sat below a tap and thus threw water on her person. Thereafter she informed Duni Chand (PW -7), uncle of the accused about the incident, Said Duni Chand, his wife Sheela and Bittu, younger brother of the accused took Nimmo to Koti where she was given first aid and was then taken to her parents house in village Karori where they reached at 2.00 a.m. Mother of Nimmo, namely, Sumitra (PW -1) brought her to District Hospital, Chamba in an ambulance where she remained admitted till 6.9.1996. After her admission in the hospital, she was medically examined by Dr. D.P. Dogra (PW -14), who on such examination found that the total burns on the person of the deceased were 75% and the injuries so noticed were grievous in nature having been caused within an approximate duration of six hours from the time of examination. He issued the medico -legal certificate (Ext. PN) in this regard. On 26.8.1996 at 5 a.m. Nimmo made a statement under Section 154, Cr.P.C. (Ext. PH) disclosing therein that she was set on fire by her husband. On the basis of this statement, F.I.R. (Ext.PJ) was recorded at Police Station, Sadar, Chamba under Section 307, IPC. On 27.8.1996, Nimmo made another statement (Ext. PB) before the Sub -Divisional Magistrate, Chamba, namely, Subhash Nanda (PW -15) disclosing therein that she was set on fire by her husband. On 6.9.1996, she was referred from District Hospital, Chamba to P.G.I. Chandigarh, where she sccumbed to the injuries on 20.9.1996. Post mortem of the dead body of Nimmo deceased was conducted by Dr. Paramjit Singh Mann (PW -17), who prepared and issued the post -mortem report (Ext. PQ). At the time of the post -mortem, he has observed as follows :

(1.) The body was having rigor morits to the full extent.