STATE OF RAJASTHAN Vs. GANWARA

JUDGEMENT

(1.) This appeal by special leave is directed against the impugned judgment dated 3rd November, 2009 passed by the High Court of Rajasthan at Jodhpur in D.B. Criminal Appeal No. 186/1985 whereby the High Court allowed the appeal filed by the respondent herein and set aside the order of conviction and sentence passed by the learned Sessions Judge, Bikaner against the respondent for the offence punishable under Section 302 of the Indian Penal Code ("IPC" for short).

(2.) The facts of the case in a nutshell are that upon receiving a telephonic call from P.B.M. Hospital on 5th September, 1982 at about 1.45 p.m. PW14 Jagdishlal, D.S.P. (Probationary) of P.S. Nava Shehar, Bikaner visited the hospital where he found Shanti alias Nylon in a completely burnt condition. In her statement to PW14, she alleged that her mother-in-law Ganwara (respondent herein) had cruel intention against her for not satisfying her with undue demands of dowry. For this reason, with an evil intention to get rid of her, Ganwara had burnt her alive on pouring kerosene and lighting a match stick. On raising screams, the neighbouring people rushed to the spot, extinguished the flames and admitted her in the hospital. Having recorded her statement, PW14 has registered the criminal case under Section 307, IPC against the respondent and visited the place of occurrence, prepared spot panchnama (Ext. P26) and site map (Ext. P2). Pieces of burnt clothes (Ext. P5) and a lantern were recovered from the spot (Ext.P3). Meanwhile, learned Magistrate has recorded dying declaration (Ext. P11) of the injured. As the victim has succumbed to the burnt injuries on 7th September, 1982, charge under Section 302, IPC was also added to the case and the case was committed to the sessions. The accused pleaded not guilty and claimed to be tried.

(3.) In its effort to prove the case against the accused, prosecution has examined as many as 16 witnesses, whereas the accused respondent produced three witnesses in her defence. The learned trial Judge in the end formed the opinion that the accused was guilty of intentionally murdering the victim. Accordingly, she was convicted for the offence punishable under Section 302, IPC for which a sentence of life imprisonment with payment of fine of Rs.50, was awarded by the trial Court.