KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kalu Ram had taken the risk of keeping two wives at the same time and later realised that it was costly for him and one of the wives (Vimla) had died of burn injuries. Appellant was charge-sheeted for murder of Vimla and the trial Court as well as the High Court found him guilty of the said offence and convicted and sentenced him to imprisonment for life. Hence this appeal by special leave.

(2.) The first wife of the appellant is Baby who was put up in his own house situated at different place. Subsequently he came across deceased-Vimla who herself was a widow having a daughter by name Pooja (P.W. 6) from her first marriage. Then appellant married Vimla and they were living together in a house different from the house where first wife Baby was residing.

(3.) It all happened without any premeditation, when appellant ablazed Vimla on the evening of 23-3-93. According to the prosecution version, he asked Vimla to spare her ornaments presumably for raising some more money for buying liquor. He was then also drunk. But Vimla refused to part with her ornaments and that infuriated the appellant. He doused her with kerosene and wanted her to die and supplied a box of match-sticks to her. As she failed to ignite the match-stick appellant collected the match-box and lit one match-stick and set her ablaze. When the flames were up he brought water in a frantic effort to save her from death. She was later removed to the hospital. A statement was recorded from her by the police which became the basis for the FIR. Subsequently the Munsif Magistrate (P.W. 7) recorded her dying declaration. Later she succumbed to her burn injuries.