The central legal point established in the judgment is the requirement for reliable and conclusive evidence to establish guilt beyond reasonable doubt in criminal cases.

Prafulla C. Pant, J.

This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 15.03.1990, passed by learned Sessions Judge, Chamoli, in Sessions Trial-No.8 of 1989, whereby accused / appellant Bishamber Dutt is convicted, under Sections 452,354 and 304 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The said court has sentenced the convict (appellant) rigorous imprisonment for a period of five years under Section 452 I.P.C., rigorous imprisonment for a period of two years under Section 354 I.P.C. and imprisonment for life under Section 304 I.P.C.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story in brief is that complainant Nand Lal, son-in-law of Shanta Devi (deceased), used to live in Village Kunjethi at some distance from the house of his mother-in-law. On 22.01.1988 (after two days of the incident) complainant Nand Lal (P.W.2) gave a report to Naib Tehsildar of the area alleging that after death of his father-in-law, for 56 months his mother-in-law Shanta Devi (deceased) used to live with her minor daughter Kunti (P.W.3). The other two elder daughters had already got married and one of them Bijla Devi (P.WA) was married to the complainant. Prosecution case is that on 20th January 1988, at about 10 P.M., accused / appellant Bishamber Dutt, who was also resident of village Kunjethi, entered in the, house of Shanta Devi (deceased) with an intention to molest her, on which Shanta Devi shouted for help. On this, accused / appellant poured kerosene oil on Shanta Devi, and set her on fire. On hearing the cries 'complainant came from the neighbourhood and extinguished the fire. Meanwhile, accused / appellant Bishamber Dutt ran away. On 21.01.1988, as mentioned in the First Information Report, Shanta Devi was taken to the nearest Primary Health Center. Ukhimath. Her burn injuries were recorded on 23.01.1988 by Dr. Praveen Mishra (P.Wi1), who prepared the injury report (Ext.A-3). Shanta Devi was admitted in the hospital and her dying declaration (Ext.A-6) was recorded on 27.01.1.988 by K.D. Juwantha, Tehsildar (P.W.5). The First Information Report (Ext.A-4), which is registered by Patwari, Kali Math on 23.01.1988, after it is received from Naib Tehsildar, investigated the crime. (In interior hills of Uttarakhand revenue officials are given police powers under U.P. Government Notification No. 494/VIII-418-16, dated 07.03.1916). After four months of the incident Shanta Devi succumbed to the injuries suffered by her. On completion of investigation charge sheet (Ext.A-10) was filed by the Investigating Officer against accused / appellant Bishamber Dutt for his trial in connection with offences punishable under Sections 452, 354 and 304 I.P.C.

4. The Magistrate on receipt of the charge sheet, after giving necessary copies to the accused as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Sessions. Learned Sessions Judge after hearing the parties, on 10.07.1989, framed charge of offences punishable under Sections 452,354 and 304 I.P.C. and in alternative charge of offence punishable under Section 324 I.P.C. is also framed. The accused Bishamber Dutt pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Praveen Mishra, the Medical Officer, who recorded the burn injuries on the person of the deceased at the time of admitting her in the hospital, P.W.2 complainant Nand Lal, son-in-law of the deceased, P.W.3 Kunti, minor daughter of deceased, P.WA Bijla Devi, married daughter of the deceased, PW.5 K.D. Juwantha, Tehsildar, who recorded the dying declaration and P.W.6 Pushkar Singh, Patwari, who investigated the crime. Oral and documentary evidence adduced-by the prosecution was pul to the accused under Section 313 Cr.P.C., in reply to which he admitted that he and Shanta Devi belonged to village Kunjethi.