STATE OF H.P. Vs. LAL CHAND
LAWS(HPH)-2010-12-310
HIGH COURT OF HIMACHAL PRADESH
Decided on December 17,2010

STATE OF H.P. Appellant
VERSUS
LAL CHAND Respondents


Referred Judgements :-

KAUSHLAYA VS. STATE [REFERRED TO]


JUDGEMENT

Deepak Gupta, J. - (1.)THIS appeal by the State is directed against the judgment of the learned Sessions Judge, Una in Sessions case No. 10 of 1998 decided on 7.9.1999 whereby accused Lal Chand was acquitted of having murdered his daughter.
(2.)THE brief facts of the case are that on 18.4.1999 a telephonic message was received in the Police Station, Bangana, which was recorded in the Rojnamcha as Ext.PG, by PW -13 ASI Jarnail Singh from Shri Surinder Singh to the effect that the accused had set on fire his own daughter. Immediately, thereafter ASI Jarnail Singh alongwith Kishori Lal and Kamal Dev went to the spot. On the way, when they reached Lathiani they found PW -1 Baldev Singh and PW -2 Ramesh Kumar taking one girl Anju who was badly burnt in a Jeep towards Una. The ASI inquired from Anju as to what had happened. She made a statement Ext.PA in the presence of the aforesaid witnesses that she was the eldest daughter and her father was a drunkard. She had taken the 10th class examination. On 18.4.1998 at about 1.30 p.m when she was alone in the house, her father, who was under the influence of liquor started abusing her. She asked her father not to drink any more liquor. On this her father got infuriated and tried to beat her. To save herself she went inside a room and bolted the room from inside. Her father broke open the door, came into the room and sprinkled kerosene oil on her and then set her on fire. She received burn injuries and came running out of the room. She fell on the courtyard where PW -1 Baldev Singh extinguished the fire. On the basis of this dying declaration Ext.PA, F.I.R Ext.PH was registered.
Unfortunately, Anju died in the hospital at about 9.35 p.m on the same day and therefore, the case was converted to one under Section 302 IPC. The accused was arrested and during investigation he allegedly got recovered screw -drivers, which he had allegedly used to open the door. After investigation the accused was charged with having committed the offence aforesaid. He pleaded not guilty and claimed trial. The learned trial Court acquitted the accused mainly on the ground that the dying declaration could not be believed and there was no other evidence to connect the accused. Hence the present appeal by the State.

(3.)THE prosecution examined a number of witnesses. Baldev Singh is PW -1. According to him, he heard cries coming from the house of the accused. When he reached the house he saw that Anju Devi was on fire. The accused was standing nearby and had a hoe in his hand. The witness snatched the hoe from the hands of the accused. He extinguished the blaze from the body of the deceased with a piece of cloth. In the meantime, a number of persons gathered there. According to him the accused did not try to help in extinguishing the fire. He then carried the deceased to his house and took her to the hospital at Una. While they were on the way to the hospital, 2 -3 policemen met them at Lathiani. These policemen recorded the statement of Anju. According to this witness, Anju had stated that her father had broken open the door with the help of a Jhabbal (iron rod) and had also stated that her father had set her on fire after pouring kerosene oil on her body. Anju was unable to sign or thumb mark the statement since her hands were burnt. He and Ramesh Kumar signed the statement, which was read over to the witnesses as well as to Anju. Then they went to the hospital at Una. The witness left the hospital at 8.00 p.m and later at about 10.30 he came to know that Anju had expired. This witness further stated that the accused was under the influence of liquor when he had seen him at the spot. He also is a witness to the recovery of two screw drivers. In cross -examination the witness denied that the accused helped in extinguishing the blaze from the person of Anju. He also denied that the hands of the accused were burnt during this process. He denied that he and other persons had started beating the accused. A suggestion has been put to this witness that the accused had to run away from his house because of the fact that he had been beaten up by the villagers. According to this witness after the statement of Anju was recorded at Lathiani they all went straight way to the hospital. This witness is illiterate and has just studied upto class -IV. He further stated that Anju had made a statement in Hindi as recorded in the dying declaration Ext.PA. He denied that Ext.PA had been prepared later on. The witness has also denied that he has any land adjoining to the land of the accused or that there is any dispute with the accused. He, however, admits that there is a dispute regarding a passage which was being used by him and the accused. This witness also admitted that his brother Jaswant Singh had filed a complaint against accused Lal Chand since the accused had broken the teeth of Jaswant Singh with a hammer. He denied the suggestion that Anju had some love affair with a boy and her marriage has been fixed with Raj Kumar and since Anju did not want to marry Raj Kumar she committed suicide.


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