The conviction for murder under Section 302 IPC was altered to culpable homicide under Section 304 Part I IPC due to lack of evidence for intent and premeditation.

JUDGMENT :

Manoj Kumar Garg, J.

1. Instant criminal appeal has been filed by the appellant against the judgment dated 05.06.2013 passed by learned Special Additional District and Sessions Judge (Women Atrocities and Dowry Cases), Sriganganagar in Sessions Case No.56/2012 by which the learned Trial Court convicted the appellant for offence punishable under Section 302 IPC and sentenced him to undergo life imprisonment alongwith a fine of Rs.2,000/- and in default of payment of fine, further to undergo three months’ simple imprisonment.

2. Brief facts necessary to be noted for deciding the controversy are that on 08.04.2012 at about 09:30 AM, Shri Krishna Kumar Pareek, ASI, Police Station- Anoopgarh recorded the statement of Smt. Meera who was admitted at C.H.C. Anoopgarh. She alleged that she had entered into matrimony with the appellant sixteen years prior, and during their wedlock, they were blessed with two sons. She further stated that her husband is an alcoholic and frequently engages in quarrels with her without any apparent reason. She recounted that on the preceding night, her husband, in an intoxicated state, quarreled with her. Early in the morning at around 8:00 AM, he again began arguing with her and threatened to abandon her and marry another woman. He also threatened to set her on fire, instructing her to pour oil on herself, implying that he would ignite her. In response, deceased- Meera poured kerosene on her body. Her husband, with the apparent intention of causing her death, subsequently set her on fire using a matchstick. At that moment, the appellant’s elder son, Manoj Kumar, intervened and extinguished the flames.

3. On the said report, Police registered the FIR against the accused appellant for the offences punishable under Sections 307 & 324 IPC and started investigation.

4. Subsequently, the deceased- Meera, was referred to PBM Hospital in Bikaner. She was discharged from there on 17.05.2012 and subsequently referred to a hospital in Jaipur. However, on 30.05.2012, she was admitted to SMS Hospital, Jaipur. Tragically, she succumbed and passed away on the following day, 31.05.2012. Following these events, the police added the charge of offence under Section 302 of IPC against the accused appellant. Upon completion of the investigation, the police filed a challan against the accused-appellant.

5. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Section 302 IPC to the accused appellant. He denied the charge and sought trial.

6. During the course of trial, the prosecution examined as many as eight witnesses and also got exhibited relevant documents in support of its case.

7. The accused appellant was examined under Section 313 Cr.P.C. In defence, two witnesses were examined and relevant documents were exhibited.

8. Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 05.06.2013 convicted and sentenced the accused- appellant for the offence as aforesaid. Hence, this criminal appeal.

9. Learned counsel for the appellant submits that there are significant contradictions in the testimonies of the deceased- Meera, as well as her son, PW/4– Manoj Kumar, and the Investigating Officer, PW/7– Krishna Kumar Pareek. He contends that the incident in question occurred on 08.04.2012, after which the dece