STATE OF RAJASTHAN Vs. CHAMPALAL

JUDGEMENT

(1.) The State of Rajasthan has filed appeals against the judgment of a Division Bench of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondent directing his acquittal. Respondent faced trial for the alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and was sentenced to undergo imprisonment for life by learned Additional Sessions Judge, No. 1, Jodhpur.

(2.) Background facts in a nutshell as projected by the prosecution are as follows: On 11.12.1995 at about 10.30 p.m. Om Prakash (PW-8) submitted a written report at Police Station, Mahamandir, Jodhpur stating inter-alia that his sister Smt. Pani Devi was married to respondent about twenty five years back. From their wedlock five girls and one boy were born. His sister used to earn a livelihood and maintain the children. Respondent used to go for earning casually. Respondent used to demand money from her for consuming liquor. Respondent also used to harass and beat her. On the fateful day, when she returned from her job, respondent was consuming liquor. Respondent abused his sister Pani Devi saying that she was keeping a number of paramours and she used to stay with them during day hours. "TUNE DAS HAATI BANA RAKKHE HAIN, DIN BHAR UNKE SAATH RAHTI HAL" (You have a number of friends and throughout the day, you stay with them.) He locked the children in one room. Thereafter, the respondent poured kerosene on her and with intention to kill her, threw a burning matchstick. His sister made hue and cry, which attracted a number of people including Pappu Ram (PW-7). Having seen the incident, Pappu Ram rushed to his house and narrated the incident. At that time, his cousin Doonger Singh (PW-6) was also sitting with him. They rushed to the house of respondent and found that his sister Pani Devi was burning and lying in a pit. She was taken out of the pit by Prakash (PW-18), brother of respondent. The fire was extinguished. On enquiry, deceased Pani Devi narrated the incident. She was taken for treatment to the M.G. Hospital. On this information, police registered a case for the offence under Section 307 IPC and proceeded with investigation. At 10:40 p.m., Joga Ram (PW-20), SHO Police Station Mahamandir, Jodhpur recorded the statement of Smt. Pani Devi in the M.G. Hospital in the presence of Dr. M.K. Parihar (PW-13). She died on 12.12.1995 at 4:10 a.m. The police prepared the site plan, inquest report and sent the dead body for post mortem. The post mortem was conducted by a Board of three doctors. The Board found it to be a case of hundred percent burn. In the opinion of the Board, the cause of death was. shock due to extensive burns. After usual investigation police laid charge sheet against the respondent for the offence under Section 302 IPC. Trial was held as accused abjured guilt. Trial Court relied upon the dying declaration and held the accused guilty. In appeal, High Court directed acquittal.

(3.) Learned counsel for the appellant submitted that the authenticity of the dying declaration having not been doubted, acquittal is indefensible.