KALA RAM Vs. STATE

JUDGEMENT

(1.) This appeal is by one Kala Ram who has been convicted under sections 498-A and 302 RPC by 1st Additional Sessions Judge, Jammu vide judgment and order dated 30.04.2011. He has been sentenced to rigorous imprisonment for life and fine of Rs. 2000 under Section 302 RPC and rigorous imprisonment for six months and fine of Rs. 1000/- under Section 498-A RPC. Heard. We have perused the record.

(2.) On 11.10.2007, Sharda Devi, the wife of the appellant, received severe burn injuries in an incident which took place in their house at village, Marjhali within the jurisdiction of Police Station, Gharota of Jammu district. She was rushed to Government Medical College Hospital, Jammu from where she was shifted to Army Hospital, Satwari Jammu. On 12.10.2007, Head Constable (HC), Kuldeep Kumar, who was deputed from the above said Police station, recorded her statement in the Army Hospital. She stated, briefly, that her husband Kala Ram (Appellant) and his parents, Bikru Ram and Taro Devi had been harassing and beating her for bringing more dowry. Her husband had been insisting that she should bring a Motorcycle for him from her parents. She also stated that on 11.10.2007, her husband after hatching a conspiracy with his parents doused her with petrol and set her ablaze with the intention of causing her death. This statement of the victim was registered as' F.I.R. No. 58/2007 under section 307, 498-A, 109 RPC and investigation commenced. The victim, who had suffered 90 per cent burn injuries, succumbed to the injuries in the Army hospital on 16.10.2007. Investigation was carried out by the SHO. Police Station, Gharota. On completion of the investigation charge sheet under Sections 302, 498-A & 109 RPC was preferred against the appellant (A-1) and his parents, Bikru Ram (A-2) and Taro Dev (A-3) in the Committal Court. After completion of formalities connected with the fact that appellant was an Army personnel, case was committed for trial and came to be assigned to the Court of learned 1st Additional Sessions Judge, Jammu.

(3.) Learned trial Court after finding prima facie case under sections 302 and 498-A RPC against the appellant (A-1) and under section 498-A against A-2 and A-3, framed charges against them. All of them pleaded not guilty and claimed to be tried. Prosecution thus examined 13 out of the 16 witnesses cited in the charge sheet. The witnesses examined are; Sham Lal (PW-1), Natha Ram (P-2), Sanjay Kumar (P-3), Ravi Kumar (P-4), Yudhvir Singh (P-5), Garu Ram (P-6), Manohar Lal (P-7), HC Harvesh Kumar (P-8), Kunti Devi (P-9), Vinod Singh (P-10), L/Nk Sanjay Kumar (P-13), Sukhdev Singh Patwari (P-14) and Dr. K.K. Thakur (P-15). The statement of the deceased recorded in the hospital on 12.10.2007 was relied upon by the persecutions as her dying declaration. Statements of the appellant and A-2 were recorded in terms of Section 342 of the Code of Criminal Procedure (for short the Code) whereas, A-3 has expired during the trial. Accused, however, did not lead any evidence in defence.