KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-Kishan Lal, husband of deceased-Smt. Sulochana has filed this appeal against his conviction under S. 302 read with S. 34 of the Indian Penal Code (hereinafter referred to as "I.P.C.")

(2.) The High Court convicted the appellant on an appeal filed by the State against an order of acquittal passed by the Additional Sessions Judge. The brief facts are that Smt. Sulochana, according to the prosecution case, was sleeping on the intervening night between 11th and 12th September, 1976 with the mother of the appellant on a separate cot when she was burnt by sprinkling kerosene oil on her chest. She was shifted to the hospital at Pilibanga at 2.00 a.m. Doctor of the hospital sent information to SHO Police Station, Lekhuwali on which investigation started. At 4.30 a.m. police recorded the statement of the deceased. The statement recorded by the police was not brought on the record by the prosecution. She was initially treated at Pilibanga hospital and was later shifted to Bikaner Hospital. While in the hospital on the 17th September, 1976, Smt. Sulochana gave birth to a macerated male child. On 28th October, 1976 skin grafting was done on her.

(3.) The case of the complainant is that deceased-Smt. Sulochana has given an oral dying declaration to her father, grandmother and uncle that she was burnt by the appellant, his mother, father and brother. On 11th November, 1976 complaint was made by the father of the deceased-Smt. Sulochana that her daughter was burnt and on his said complaint a dying declaration was recorded by the Magistrate.