SADHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave has been preferred by the two appellants namely, Sadhu Ram, appellant No. 1 and Jagdish, appellant No. 2. Sadhu Ram is the son of Jagdish. They along with one Narain (since acquitted) were put up for trial before the learned Additional Sessions Judge, Nimkathana (Sikar) in Sessions Case No. 4 of 1997 charged variously under Sections 498A, 302, 201 and 436, I.P.C. for the murder of Rukma, wife of Sadhu Ram and Munni, daughter of Sadhu Ram who was about 8 months old at the time of occurrence. The trial Court, while acquitting Narain of the charges levelled against him, found appellant Sadhu Ram guilty of offence under Sections 498A and 302, I.P.C. and sentenced him to undergo three years rigorous imprisonment and a fine of Rs. 250/- under Section 498A, I.P.C. in default to undergo three months rigorous imprisonment, and life imprisonment with a fine of Rs. 2000/- under Section 302, I.P.C. in default to undergo two years simple imprisonment. Jagdish was found guilty of the offence under Section 201, I.P.C. and sentenced to three years rigorous imprisonment and a fine of Rs. 500/- in default of payment of fine to undergo two years simple imprisonment.

(2.) The High Court has upheld the conviction and sentence of the appellants recorded by the trial Court mainly relying upon the evidence of PW-3, Mala Ram, a neighbour who lodged the F.I.R. on the basis of which this case was investigated. It was fairly submitted before us by the counsel for the parties that apart from the evidence of PW-3, Mala Ram, no other witness had seen the occurrence and there is no evidence to corroborate the testimony of PW-3, Mala Ram though large number of witnesses were examined. The case of the prosecution rests entirely only on the evidence of Mala Ram, PW-3.

(3.) In this background the facts not in dispute may be noticed. The appellant Sadhu Ram was married to Rukma (deceased) about 3 1/2 or 4 years before the occurrence. They had a child Munni who was about 8 months old on the date of occurrence. On November 22, 1996 at about 4.00 a.m. the appellant, Jagdish lodged a report before the Station House Officer, police station Nimkathana stating therein that at about 2.15 a.m. in the night while his son Sadhu Ram along with his wife, Rukma and his daughter aged about 8 months was sleeping in the house, suddenly a fire broke out and Rukma and her daughter, Munni were burnt to death. His son Sadhu Ram was married to Rukma 4 years ago. This report has been marked as Ex.P-9. The Station House Officer, police station, Nimkathana treating the report as one under Section 174 of the Code of Criminal Procedure recorded Case No. 20 of 1996 and informed the Sub-Divisional Magistrate about the occurrence and requested him to prepare an inquest panchnama of the dead bodies under Section 176, Cr.P.C. Accordingly, the Sub-Divisional Magistrate proceeded to the place of occurrence to enquire into the cause of death and prepared the inquest panchnama in the presence of Phulchand, PW-4 and Ganpat Ram Saini, PW-5 neighbours of the appellants, Bugla Ram, brother of the deceased and two other witnesses who have not been examined. The panchnama also records the fact that Jagdish, the father-in-law of deceased Rukma and Bahadur, further of deceased Rukma were also present. From the inquest report prepared by the Sub-Divisional Magistrate it is apparent that the bodies were almost completely burnt up and apparently it appeared to be a case of death in an accidental fire.