BUDH RAM @ PAPPU AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 18th August, 2009 in Sessions Case No. 118/08, FIR No. 331/07, P.S. Dabri, in terms of which the appellants Budh Ram, Hazari Lal and Ms. Kamli have been convicted for the offences punishable under Section 498A IPC read with Section 34 IPC and Section 302 IPC read with Section 34 IPC. They have been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5000/ - each, in default of payment of fine, to undergo SI for the period of 6 months for the offence of murder punishable under Section 302 IPC and for the offence punishable under Section 498A IPC, all three of them have been sentenced to undergo RI for the period of 2 years and to pay a fine of Rs. 5000/ -, in default, to undergo SI for further period of 6 months.

(2.) BRIEFLY stated, case of the prosecution is that Anita (hereinafter referred to as 'deceased') and her elder sister Sunita were married on 06th March, 2002 to the appellant Hazari Lal and his elder brother Murari Lal (PW12) respectively. Appellants Budh Ram and Ms. Kamli are the parents of appellant Hazari Lal.

(3.) THE deceased Anita in her statement Ex.PW9/A, which is now treated as her dying declaration because of her death, named the appellants as well as her brother -in -law Yogesh and sister -in -law Seema as the persons responsible for her burn injuries. She stated that on 19th April, 2007 at around 03:00 a.m., while she was sleeping, her sister -in -law, brother -in -law and father -in -law caught hold of her and her mother -in -law and husband set on fire after pouring kerosene oil on her. She shouted for help but no -one came to her help. Thereafter, her husband and parents -in -law brought her to the hospital where she became unconscious. When she regained consciousness, her family members were by her side and she was in RML Hospital. On the basis of said statement, formal FIR (Ex.PW7/A) was registered under Section 498A/307/34 IPC.