STATE OF J&K Vs. MUNI DEVI AND ANOTHER

JUDGEMENT

(1.) State is in appeal against the judgment of the trial court dated 10.12010, whereby in the trial arising in FIR No. 23/2002 of Police Station, Bishnah, respondents have been acquitted of charge under sections 302/34 RPC.

(2.) Heard Mr. Sanjeev Padha, learned Government Advocate, appearing on behalf of the State and perused the record. There is no representation on behalf of respondent No. 2, whereas respondent No. 1 passed away during pendency of this appeal.

(3.) Prosecution case as set up before the trial court, briefly, is that on 24.02002, PW Kapoor Singh, ASI posted at Police Station, Bishnah recorded the statement of Sushma Devi W/O Tilak Raj (hereinafter to be referred as the deceased), at the Government Medical College Hospital, Jammu where she had been brought for treatment of burn injuries. She stated inter alia that at about 8.00 am when her husband had gone to his work place, her mother-in-law, Muni Devi and sister-in-law, Kamli Devi, herein respondents, caught hold of her with criminal intention, respondent No. 1 droped kerosene on her clothes and respondent No. 2 set her on fire. She cried. Few people came on spot, they extinguished the fire and called her husband. Her husband took her to hospital. On the basis of this statement, offence under section 307/34 RPC was registered as FIR No. 23/2002 and investigation taken up.