GHARU RAM Vs. STATE OF J&K

JUDGEMENT

(1.) VIDE this judgment, we intend to dispose of the aforesaid two Criminal Appeals and Confirmation reference sent under Section 374 Cr.P.C.

(2.) IN all there were three accused in this case. Appellant - Gharu Ram (for short hereinafter to be referred to as the 'Accused) has suffered conviction under Section 302 Ranbir Penal Code vide impugned judgment of learned Ist Additional Sessions Judge, Jammu, dated 06.08.2004 and has been sentenced to imprisonment for life and a fine of Rs.5,000/ - and in default to further undergo simple imprisonment for six months. His two co -accused namely Som Nath and Shielo Devi (respondents in State appeal), however, stand acquitted of all the charges. Accused - Gharu Ram also stands acquitted for Sections 498 -A/201 Cr.P.C. Therefore, Cr. Appeal No.07/2004 by Gharu Ram and Cr. Acquittal Appeal No.46/2004 by the State against the acquittal earned by Som Nath and Shielo Devi with regard to all offences and qua Gharu Ram -accused with regard to Sections 498 -A/201 Cr.P.C. only. Confirmation No.06/2004 was ordered to be heard with these two appeals.

(3.) GITA Devi (since deceased) was the wife of the accused. She received burn injuries on 27.09.2000 in her matrimonial home and was removed to Medical College, Jammu. On 28.09.2000, Police Station Satwari received a message from Police Post Chatha after admission of injured -Gita Devi in Medical College Jammu, (Medical College Jammu falls within the jurisdiction of Police Post Chatha), upon which the Incharge Police Post Chatha, approached Medical Officer on duty and moved an application knowing as to whether the injured was fit to make the statement or not. Dr. Abdul (not examined) opined the injured as unfit. Thereafter on 29.09.2000, Sh. Anil Kumar Katoch Dy. SP (not examined) who was also officiating as SHO of Police Station, Satwari, accompanied by PW - ASI Gh. Mohd. Giri went to the hospital and again moved an application (EXPW -GG) for obtaining the opinion about the fitness of the patient for recording her statement. Dr. Kirti Bhushan (not examined) who was attending to the patient, opined the injured to be fit to make the statement. Thereafter her statement (EXPW -GG/1) was recorded in the hospital at 8.30 p.m. It was attested by aforesaid Dr. Kirti Bhushan and on the basis of said statement, the F.I.R. initially registered under Sections 307/498 -A RPC on 29.09.2000. Subsequently, on the death of Gita Devi on 02.10.2000, it was altered to Section 302 RPC.