RAM CHAND Vs. STATE OF J AND K

JUDGEMENT

(1.) THIS appeal directed against the judgment of learned Sessions Judge, Udhampur dated 9.6.1981 convicting the accused appellant under Section 302 RPC and sentencing him to life imprisonment. State has also filed a revision peititon for enchancement of the sentence.

(2.) THE prosecution case was that on 26.2.1979 Mst Tripta Devi, was sitting outside her house situate in village Kundram, Tehsil Reasi, when she found accused coming towards that side. She out of respect put her dupatta on het face. At that time the accused threw kerosene oil on the body of Tripta Devi and then set her ablaze. She raised hue and cry and on hearing her Mst. Shano and her mother Mst. Durgi came on spot who threw water on her and put off the fire. The lady was then removed to Raeasi Hospital from where she was taken to S.M.G.S. Hospital, Jammu, but she could not survive and succumbed to the burns.

(3.) WE have heard learned counsel for the parties and persued the record before us. Learned counsel appearing for the appellant has argued that the trial court has based conviction solely on the dying declaration of the deceased which did not inspire confidence and has been made after her being tutored by her husband and others. According to him, the evidence brought on record is that of the relatives of the deceased who being interested, could not be relied upon. He has further pleaded that the accused-appellant being an aged man of 76 years could not be expected to have such a daring act and he has been implicated because of the pressure being put upon him to with draw from a case sub judice for the killing of his wife by a close relative of the husband of the deceased. Learned Chief Govt. Advocate has, however, contended that because of the privious animosity the accused had threatened the deceased of dire consequences as she was helping the inmates of the alleged assailant of his wife and, in order to take revenge, the accused poured kerosene oil on the body of the deceased and set her ablaze which resulted her death. We have considered these respective contentions raised by either side.