STATE OF HIMACHAL PRADESH Vs. TARA CHAND

JUDGEMENT

(1.) State has come in appeal against the judgment dated 16.1.1998 passed by the learned Addition Sessions Judge (2), Kangra at Dharamshala in Sessions Case No. 24 -K/VII/97, whereby Respondent, who was charged with and tried for offences punishable, under Ss. 302 and 498 -A of the Indian Penal Code, has been acquitted.

(2.) Prosecution case, in a nutshell, is that Respondent Tara Chand was married with Smt. Trifla Devi (deceased) on 15.2.1996. Respondent was employed as a Driver in Delhi. He came on leave on 15.4.1997. He gave beatings to his wife Trifla Devi three -four times. Trifla Devi went to her parental house twice after being maltreated by her husband. She had gone to attend religious ceremony (Jatar) with her Jethani Vikrma Devi (PW -7). She came back at about 8.00 P.M. Respondent came in a drunken condition. Trifla Devi was sleeping in the first floor and Respondent started beating her. She asked her husband why he was giving beatings to her. Thereafter Respondent strangulated her, gagged her mouth, picked up a kerosene improvised lamp and poured the kerosene on her from the lamp and set her on fire. She cried for help. Her father -in -law came and tried to extinguish the fire. Thereafter, she was taken to Community Health Centre, Shahpur in a burnt condition by her mother -in -law and two villagers. She was attended by PW -4 Dr. Ajay Kumar Dutta. He issued MLC, Ex.PW -4/A. Thereafter she was referred to Zonal Hospital, Dharamshala. PW -1 Madan Lal visited her at Zonal Hospital, Dharamshala. She apprised her brother that she has earlier made a statement before the police of Shahpur due to pressure from the Respondent. Deceased Trifla Devi made second dying declaration on 3.5.1997, which was recorded by PW -3 Yog Raj. Ex.PW -3/A was forwarded by the Executive Magistrate to the Station House Officer, Police Station, Shahpur, on the basis of which FIR Ex.PW -12/B was registered. Police prepared the inquest report. Postmortem was conducted by PW -5 Dr. Veena Chaudhary. She issued postmortem report Ex.PW -5/B. Viscera was sent to the Forensic Science Laboratory, Junga. Matter was investigated by the police. Challan was put up in the Court against the Respondent after completing all the codal formalities, under Sec. 207 of the Code of Criminal Procedure.

(3.) After the closure of the prosecution evidence, Respondent was examined under Sec. 313 of the Code of Criminal Procedure. He pleaded innocence. He stated that he was looking after his wife nicely and has never maltreated her. He also stated that deceased Trifla Devi was burnt accidentally, which fact she has already stated to the Doctor of Shahpur Hospital vide her statement Ex.PW -4/C. He further stated that he immediately took Trifla Devi to Shahpur Hospital and tried to save her. The learned trial court acquitted the Respondent.