DAYAWATI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 13th February, 2003 passed by learned Sessions Judge, Rudraprayag, in Sessions trial No. 30 of 2002 whereby, the appellant Dayawati has been convicted under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter the Code) and sentenced to life imprisonment.

(2.) THE prosecution story, in brief, is that on 27-09-2002, complainant Afzal Ali (P W.1) alongwith his wife Manora Begum (PW.2) had gone to meet Panchayat Minister, Shri Kimothi in connection with preparation of the papers of scholarship of their daughter Ms. Illu. They left their another minor daughter Ms. Shabbo alias Bullu in their home all alone. Her neighbour Monu alias Manish (a minor son of appellant Dayawati), getting an oppor­tunity committed rape on the minor girl. To conceal the offence committed by her son, Smt. Dayawati (appellant), with the help of her son poured kero­sene oil over Ms. Shabbo @ Bullu and burnt her alive. The complainant while returning after meeting the Minister, when reached near military camp, a police vehicle came to him and told him that his daughter Ms. Shabbo @ Bullu with burn injuries was admitted in the hospital. When he rushed to the hospital at about 12:00 noon, he was told by the victim-girl about the inci­dent. On this the complainant lodged the First Information Report (Ext. A-1) on the very day i.e. 27-09-2002 at about 14:30 hours. The check report (Ext. A-6) of the First Information Re­port was prepared by the police on the basis of the report given by the com­plainant. An entry to that effect was made in the general diary (copy of ex­tract of which is Ext. A-7) at the police station Rudraprayag. A crime number 542 of 2002 was registered initially under Section 307/376 of the Code against accused-appellants Dayawati, her husband Jagram and her minor son Monu @ Manish. In the Government Hospital Rudraprayag where the victim girl was admitted, Dr. Sanjay Jain (PW. 4) recorded in the medical report (Ext. A-3) that when the girl was brought to him at 1:10 PM. on 27-09-2002, she had 90-95 per cent burn injuries. But she was in a position of giving dying declaration. In the dying declaration (Ext. A-4) recorded by Tehsildar on 27­09-2002, Ms. Shabbo @ Bullu has stated categorically that Manish Godiyal committed rape on her. She has further stated that his mother Dayawati (appellant) thereafter poured kerosene oil on her and with the light of matchstick, burnt her. Ms. Shabbo @ Bullu later succumbed to her injuries on 28-09-2002 in Sri Nagar Base hospital at about 6:30 PM. where she was re­ferred from Rudraprayag.

(3.) THE Investigating Officer, Vishram Singh (PW6) after recording the statements of the witnesses, pre­pared the site plan (Ext. A - 8), recov­ery memo of the burnt clothes (Ext. A - 9) and on completing the investiga­tion, submitted the chargesheet (Ext. A - 14) against all the three accused namely, Monu @ Manish (minor), Smt. Dayawati (appellant) and Jagram be­fore the concerned Magistrate.