RAKHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SMT . Bala @ Rajbala (A1, mother) and Km. Rakhi (A2, daughter) were tried for the offence of Section 306 IPC in Sessions Trial No. 50/2004 and the trial culminated into acquittal of A1 by the learned Court below. However, A2 was found guilty of the said offence and she was sentenced to one year's simple imprisonment nay a fine of rupees five hundred. The trial pertains to Crime No. 72/2003, PS Kotwali, District Dehradun.

(2.) THE facts emerging out from the First Information Report lodged by Chandrapal Singh, father of the deceased, are that his son Ashok @ Sonu, a young boy of 18 years, was cyclops by one eye. The accused persons were the neighbours of the informant and they were not in the cordial relations with each other. So, the accused persons, i.e. A1, A2 and another daughter of A1, namely, Km. Nisha, used to insult Ashok by addressing him as either cyclopian or blind. This way, they were in the habit of making fun of him. This repeated addressing was the order of the day on the part of the accused persons giving rise the mental tension to Ashok. The fateful day came on 10.2.2003, when hearing the same words from the utterances of the accused persons, Ashok became so desperate as to sprinkle the kerosene oil on his body and set him ablazed. He was shifted to the Government Doon Hospital, where the doctor examined him at 5 PM. He was brought to the hospital by his mother. The doctor found burns of about 100 per cent. General condition was poor and the patient was in shock. The burns were very superficial to deep. The boy died on 10.2.2003 at 9.45 PM. The inquest was conducted on 11.2.2003 in the noon. The autopsy was conducted on 11.2.2003 in the afternoon wherein the cause of death was found to be due to ante mortem injuries.

(3.) ALTHOUGH the prosecution has examined father of the deceased PW1 Chandrapal Singh, PW2 Ram Kumar, a neighbour, PW3 Dr. MS Tolia, who recorded the injuries of Master Ashok at the time of his admission in the hospital, PW4 Constable Heera Singh, the then Head Moharrir at the police station who recorded the FIR and PW5 Rashid Ali, Tehsildar Magistrate, who recorded the dying declaration. Thereafter the statements of the accused persons under Section 313 CrPC were recorded, wherein the appellant Rakhi has stated that at the time of incident she was not in her house, but had gone for tuition.