THAKUR DASS Vs. STATE OF H P
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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V.P.BHATNAGAR, J. -
(1.) This appeal is directed against the judgment dated Sept. 14, 1990 of the learned Sessions Judge, Shimla, whereby he convicted accused Thakur Dass for an offence u/ S. 302, IPC for having poured Kerosene oil on the body of his wife Kamla Devi and set her on fire causing 40 to 45% burn injuries in the evening of 31/03/1988. Kamla died in the hospital on 11/05/1988 as the result of the burn injuries. Thakur Dass was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000.00. In default of payment of fine, he was, ordered to undergo further rigorous imprisonment for a period of three years.
(2.) Briefly stated, the prosecution story is that Kamla was residing with her husband Thakur Dass, accused in a house situate in Elbert Lodge, Lower Bazar. She had been married to Thakur Dass for the last about 11 years, but no child had been born from the wedlock. On the day of occurrence viz. 31/03/1988, Mangla Devi, stated to be the God sister of her husband, had come to stay with the couple. Thakur Dass returned to the house in the evening at about 5-30/ 6-00 p.m. Kamla asked him to get some flour of rice from the market as there was none in the house. Thakur Dass replied that he had no money for flour and rice and would like to consume liquor instead. Kamla pleaded with him for money which infuriated her husband who started beating her and said that he would finish her since she was not letting him go to have liquor. He also threatened to contract a second marriage as Kamla had not conceived and given a birth to any child. He stated that he would set her on fire. Thereafter, he went in the kitchen, brought a gallon tin containing kerosene oil, poured it on her and set her on fire with a match-box. Mangla Devi, who was having her small child in her lap, tried her best to prevent him from doing so, but in vain. Mangla Devi then ran out crying for help. Some persons then came and rescued Kamla and brought her to the hospital for the treatment.
(3.) Those persons were Ashok Sood (P.W. 2), Sufal Kumar (PW-3) and Bhiku Ram (PW-4), who reached the place of occurrence immediately after hearing noise.;
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