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1979 Supreme(SC) 491

A.D.KOSHAL, P.S.KAILASAM, S.MURTAZA FAZAL ALI
Baldev Raj – Appellant
Versus
State Of H. P. – Respondent


JUDGMENT

S. M. FAZAL ALI, J. :—This appeal by special leave is directed against the judgment of the High Court of Himachal Pradesh by which the conviction of the appellant under Section 302 and sentence of life imprisonment were confirmed by the High Court. The prosecution case is detailed in the judgment of the High Court and it is not necessary for us to repeat the same. Even according to the prosecution, it appears that the origin of the manner in which the deceased met her death is shrouded in obscurity. In fact the FIR was lodged at the police station Ocna by P. W. 1 Rattan Singh who was the father-in-law of the deceased where he has not mentioned at all that the deceased was assaulted or murdered by anybody. The facts mentioned in the FIR clearly show that it was a case of accidental death as a result of the deceased attempting to light fire in the house and while doing so her clothes got fire. The medical evidence however does not show that the deceased died of burns though some traces of burning appear on some parts of the body. The High Court has rejected the entire evidence produced by the prosecution against the appellant and relied solely on the statement of P. W. 8, Sm



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