V.K. Sharma, J. - (1.)THE State is in appeal against acquittal of the respondent (accused) for the offences, under Sections 302, 304 -B and 498 -A of the Indian Penal Code, 1860 (for short 'IPC'), vide judgment dated 29.9.2006, passed by the learned Presiding Officer, Fast Track Court, Mandi (H.P.) in Sessions Trial No. 21/2004 / 78/2005, State of Himachal Pradesh versus Manohar Lal. The gravamen of charge against the accused was that after his marriage with Reena Devi (deceased) in the year 2001, he subjected her to cruelty, in connection with unlawful demands for dowry and ultimately committed her murder/ dowry death on 5.4.2004, at about 6.15 p.m., by sprinkling kerosene oil on her and burning her to death in the matrimonial home.
(2.)BRIEFLY stated, facts of the prosecution case are that on 5.4.2004, at about 6 p.m., the deceased suffered extensive burn injuries in the matrimonial home, where the accused was also present. She was taken to Community Health Centre (CHC), Baldwara in District Mandi and then to District Hospital, Bilaspur on the same day. On receipt of information from the hospital at Bilaspur, PW -9 HC Hari Ram, No. 60 of Police Post (PP) City, Bilaspur went to the hospital and moved application, Ex. PW -9/A for medical examination of the deceased and seeking opinion, whether she was fit to make statement or not. Consequently, after certifying that the "Patient Reena Devi is medically fit to give oral statement", PW -6 Dr. S.K. Patial carried out her medical examination vide certificate, Ex. PW -6/A, recording the following history and observations:
History

Given H/O having suffered burns as a result of stove bursting into flames and clothes catching fire today. Case first seen by doctor at CHC Baldwara.

Observations

Skin of face, neck, upper arms, lower arms, chest, abdomen, ears, hands burnt and swollen limbs of upper extremity. Blisters having burnt and exposing white skin underneath. Cloths wet from burnt blisters. Hair of the head are charred and curled up.

Approximate burnt surface = 65% Pulse 75 /ml BP 80 mm hg systic.

Pt was admitted in this hospital, but on the advice of the surgeon, she has been referred to a better institute for management, to either IGMC Shimla or PGI, CHD.

In the opinion of PW -6 Dr. S.K. Patial, nature of injuries was "Fire Burns", caused within probable duration of "within six hours".

(3.)THEREAFTER , statement of the deceased, Ex. D -1 was recorded by PW -9 HC Hari Ram, at 10.40 p.m. on 5.4.2006, which was also attested by PW -6 Dr. S.K. Patial. It is in Hindi and its translation in English is as follows:
Stated that I am resident of the above address (mentioned in the beginning of the statement). I am a housewife. I have studied upto 10th standard. My marriage had taken place about three years back. My husband Manohar Lal is a private driver. I have one daughter, who is aged about 1 1/2 year. Today, that is 5.4.2004, at about 7 p.m., I was preparing tea for myself and my husband on a stove. In the meantime, the iron stove on which I was preparing tea, got burst. Owing to bursting of the stove, my face, hands, arms, chest, abdomen and rest of the entire body got burnt. This accident has occurred due to sudden bursting of the stove, for which no one is at fault. I and my husband live separately. We three are the only members of the family. My mother -in -law Ratni @ Raksha also lives separately from us. No family member harasses me. In this no one is at fault. The stove has burst all of a sudden, on its own. This is my statement, which is correct.

Sd/Reena in Hindi, twice.