- (1.) RAJEEV Gupta, C. J. Appellant State has preferred this appeal against the impugned judg ment dated 03-09-1986 passed by 1st Additional District & Sessions Judge, Dehradun in Sessions Trial No. 32 of 1984, whereby the respondents - ac cused persons Rajpal Singh, Veer Singh and Km. Subodh were acquitted of the charges punishable under Sections 306, 498-A and 302 read with 34 of the In dian Penal Code.
(2.) RESPONDENT No. 2 Veer Singh is reported to have died during the pendency of the appeal. The appeal, so far as it is against the acquittal of re spondent No. 2 Veer Singh, therefore, stands abated. The short facts of the case, es sential for deciding this appeal, are that Smt. Rama (since deceased) was mar ried to respondent No. 1 accused Rajpal Singh sometime in the year 1981. After few months of the marriage, respondent No. 2 accused Veer Singh, the Uncle of accused Rajpal Singh is alleged to have started harassing Smt. Rama and de manded a motorcycle and cash amount of Rs. 10. 000/ -. In the above background, Smt. Rama, after having re mained for few days at her brother's house, came back to her husband's place on 10-04-1983. On 12-04-1983, Smt. Rama sustained burn injuries and was admitted in the hospital for her treatment. Her sister PW1 Prem Lata, on getting information about the inci dent, first went to the house of Smt. Rama and on coming to know that she has been taken to the hospital for treat ment, reached the hospital. In spite of the best efforts by the doctors, Smt. Rama could not be saved and she suc cumbed to her injuries next day on 13-04-1983. After performing the necessary formalities of preparing the inquest etc. , the dead body was sent for post-mortem examination. The autopsy surgeon found extensive burn injuries on the , body of the deceased and in his opin ion, Smt. Rama died on account of shock due to ante-mortem burn injuries. The police, after completing the investi gation, charge-sheeted respondents -ac cused persons Rajpal Singh, Veer Singh and Km. Subodh for the alleged com mission of the offence punishable under Section 306 of the I. P. C. The respondents-accused persons abjured their guilt and pleaded that Smt. Rama sustained burn injuries acciden tally while preparing tea.
(3.) FROM the records we gather that on 24-08-1984 initially charges under Sections 306 and 498-A only were framed against the accused persons and later on, after recording of the evidence of PW1 Prem Lata, the charge under Section 302 read with 34 of the I. P. C. was also framed against the, accused persons on 13-12-1984. The above charges against the accused persons were sought to be proved on the evidence of PW1 Smt. Prem Lata, PW2 Virendra Kumar Singh, PW3 Mohd. Haneef, PW4 Jagdish Singh, PW5 Suresh Chand Sharma, PW6 Virendra Pal Singh, PW7 Dr. A. K. Pande, PW8 Dr. D. M. Kala, PW9 Dr. R. C. Tiwari, PW10 Dev Dutt, PW11 Nathu Singh, PW12 Sohan Singh, PW13 Smt. Raj Kumari, PW14 Jagdish Prasad, PW15 S. I. Sukhbir Singh, PW16 Smt. Shanti Devi and PW17 B. N. Acharya.;