BHANUMATI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 28.11.1988, passed in Sessions trial No. 210 of 1987, by the then, learned 1st Additional Sessions Judge, Nainital, whereby the appellant Bhanumati was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and has been sentenced to imprisonment for life.

(2.) Prosecution story in brief is that the complainant Tilak Ram (P.W. 1), father of the deceased, lodged the first information report (Ext. A-1) with police station Kichcha on 27.07.1987 at 12:45 hours, alleging that his daughter Smt. Jasoda was married with Ash Narayan S/o Baldeo R/o Inderpur, P.S. Kichcha, District Nainital. The accused/appellant Smt. Bhanumati is the mother of Ash Narayan and mother-in-law of the deceased. The behaviour of accused/appellant was not good with the deceased and she used to threaten her. She also used to turn out her daughter-in-law (deceased) from her house but some days before the occurrence there was a compromise and Smt. Jasoda (deceased) was sent by her parents to live with her in-laws. In the intervening night of 21st and 22nd July, 1987, accused/appellant Bhanumati poured kerosene oil over Smt. Jasoda and set her on fire. The complainant, Tilak Ram (P.W. 1), has also stated that he got the information of the incident from the Up-Pradhan of the Village Panchayat and after visiting the hospital and after enquiring about the incident from his daughter he came to the police station to lodge the F.I.R. against the appellant. Constable Ram Pal Singh (P.W. 2) registered the first information report (Ext. A-1) and prepared check report (Ext. A-2) and made entry in the general diary (extract of which is Ext. A-3). The crime was registered as crime No. 158 of 1987 under Section 307 of the I.P.C. Meanwhile, the dying declaration (Ext. A-4) of the deceased was recorded by P.W.3, Purshottam Joshi, Naib Tehsildar, Kichcha. After about seven days, injured Jasoda succumbed to the injuries due to septicemia on 29.07.1987 at Primary Health Center, Kichcha and the case was converted into one under Section 302 of the I.P.C. P.W.7, S.I. R.B. Lal on receiving information of death of Jasoda went to the Primary Health Center and took the dead body in his possession and got prepared inquest report (Ext. A-12) and other papers namely photo sketch of the dead body (Ext. A-14), police form No. 13 (Ext. A 13), police form No. 33 (Ext. A-15), letter requesting for post-mortem examination (Ext. A-16). The dead body was sent for post-mortem examination. P.W. 5, Dr. J.S. Pangti conducted the postmortem examination of the dead body on 30.07.1987. According to the said Medical Officer cause of death was septicemia, which was possible due to extensive burns. He prepared the post-mortem examination report (Ext. A-9). Initially, the investigation was done by P.W. 7, Sub Inspector R.B. Lal and after the crime was converted to one under Section 302 of I.P.C., further investigation was conducted by P.W. 8, R.P. Singh, Station House Officer. After the statements of witnesses were recorded and site plan (Ext. A-10) was prepared, charge sheet (Ext. A-19) against the appellant, was submitted in the court by P.W. 8 (Investigating Officer). Concerned learned Magistrate after registering the charge sheet provided necessary copies, as required under Section 207 of the Cr.P.C., to the accused and committed the case to the court of Sessions for trial.

(3.) The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 of the I.P.C. against accused/appellant Bhanumati. The accused/appellant pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1, Tilak Ram, informant and father of the deceased; P.W. 2, Constable Ram Pal Singh, who registered the first information report (Ext. A - 1) and prepared check report (Ext. A-2) and made entry in the general diary (extract Ext. A-3); P.W.3, Purshottam Joshi, Naib Tehsildar, Kichcha, who recorded the dying declaration (Ext. A-4) of the deceased, at about 11:30 A.M. on 22.07.1987; P.W. 4, Dr. R.P. Singh, who recorded the injuries of Jasoda when she was brought to Hospital in an injured condition on 22.07.1987, at 10:00 A.M. in Primary Health Center, Kichcha and who prepared injury report (Ext. A-7) and supplementary injury report (Ext. A-8); P.W. 5, Dr. J.S. Pangti, who conducted the autopsy and prepared post-mortem examination report (Ext. A -9); P.W. 6, Constable Padam Singh, who accompanied the dead body to Mortuary for post-mortem examination; P.W. 7, Sub Inspector R.B. Lal, who initially investigated the crime and got prepared inquest report (Ext. A-12) of dead body and also prepared the site plan (Ext. A-10), photo sketch of the dead, body (Ext. A-14), police form No. 13 (Ext. A-13), police form No. 33 (Ext. A-15); letter requesting for post-mortem examination (Ext. A-16) and P.W. 8, R.P. Singh (Investigating Officer), who submitted the charge sheet. The oral and documentary evidence was put to the accused under Section 313 of the Cr.P.C., in reply to which she alleged that the same was wrong and her daughter-in-law, Jasoda Devi had committed suicide by setting herself on fire, and due to enmity with the parents of the deceased she has been falsely implicated in the case. In her defence D.W. 1, Smt. Shyamwati was produced as witness. After hearing the arguments of prosecution and that of the defence, learned Sessions Judge found the appellant guilty of the offence charged against her and convicted accused/ appellant Bhanumati under Section 302 of the I.P.C., and after hearing on sentence, sentenced her to imprisonment for life.