R.C.GANDHI - (1.)This acquittal appeal is directed against the judgment and order dated 30-11-1989 passed by learned Sessions Judge, Udhampur, acquitting the accused of charge under Sections 302/120-B, R.P.C.
(2.)Briefly stated, the prosecution story is : that Radhey Sham was admitted in District Hospital, Udhampur with burn injuries on June 12, 1988. He made a statement to Shanker Dass. IHC/235 of Police Station Udhampur in presence of the Medical Officer alleging therein that he had developed illicit relations with Sudesh Kumari W/o Kaka Ram R/o Rathian for the last six months and she had been insisting him to marry her. It was on the intervening night of June 1 1/12, 1988, at 12 O'Clock, Sudesh Kumari came to him in his room as usual and again floated a proposal for marriage to which he declined. In the meantime Ramesh Kumar and Gian Chand made their entry in his room with criminal intention in pursuance of their pre-meditation to take away his life. Romesh Kumar sprinkled kerosene oil on him from a bottle which he had carried whereas Gian Chand ignited the match stick to set him on fire. They fled away from the spot after the occurrence. Radhyey Shaym received 80 per cent burn injuries. The Cries attracted the people from the neighbourhood who came and extinguished the fire. Radhey Sham was taken on a cot to the hospital where he was admitted. Sudesh Kumari happened to be the aunt of Gian Chand and Ramesh Kumar and all the three hatched a conspiracy to take away the life of Radhey Sham who sccumbed to injuries in the hospital on June 12, 1988. Initially a case under Sections 307/326.34, R.P.C. was registered but later on it was converted to Section 302/34, R.P.C.
(3.)The accused did not plead guily and were charge-sheeted and tried. The prosecution in order to substantiate the charge and bring home guilt examined Sansar Chand, Faqir Chand, Shiv Kumar, Tirath Ram, Shiv Kumar S/o Moti Ram, Bansi Lal, Kaka Ram, Dr. Joginder Singh, Dr. Kusum Bala Arora, Siv Ram, Kuldip Raj, Gopal Dass Raj, Shanker Dass HC, Surjit Singh ASI and Kuldip Singh as witnesses.