SANSAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has been convicted by the Sessions Judge, Kangra at Dharamshala vide judgment dated 27th May, 1998 for the offence under Sections 498-A and 302, I.P.C. He has been sentenced to life imprisonment and to pay a fine of Rs. 1000/- for the offence under Section 302, I.P.C. The sentence imposed under Section 498-A is rigorous imprisonment for one year and a fine of Rs. 500/-, in default of which he has been directed to undergo rigorous imprisonment for a period of one month on each count. Both the substantive sentences, however, have been directed to run concurrently.

(2.) The prosecution case against the appellant at the trial was that on 23-7-1995, he took his wife to Primary Health Centre, Indora, after she had suffered extensive burn injuries. First-aid was given to her there and the police was also informed by the doctor, who attended on her, at Police Station, Indora. The appellant was directed by the said doctor to take his wife to District Hospital, Dharamshala. He instead, took her to a private hospital at Pathankot, namely, Sehgal Nursing Home. She was got admitted there by the appellant. The police recorded her statement at the said Sehgal Nursing Home, Pathankot, while she was admitted there for her treatment on 23-8-1995, exactly a month after she had suffered the burn injury.

(3.) In her statement, the wife of the accused, namely, Sudesh Rani, had narrated to the police that she had been set on fire by her husband, i.e. the appellant, after he had poured kerosene oil on her body. The motive which was given to the police as per her statement, was that the appellant was in the habit of gambling. She used to object to this habit, which used to enrage him resulting him in giving beatings to her. She had been set on fire by him as a result of one such altercation between them on account of his bad habit of gambling. It was on her statement made to the police that case was registered against the appellant at Police Station, Indora.