BHANUMATI Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of the Code of Criminal Proce dure, 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 appellants Bhanumati was convicted under Section 302 of the In dian Penal Code, 1860 (hereinafter re ferred 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), fa ther of the deceased, lodged the first in formation report (Ext. A-1) with police station Kichcha on 27-07-1987 at 12:45 hours, alleging that his daughter Smt. Jasoda was marrid 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 occur rence 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 hospi tal and after enquiring about the inci dent from his daughter he came to the police station to lodge the F. I. R. against-the appellant. Constable Ram Pal Singh (PW. 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 decla ration (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 infor mation 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 postmortem examination. P. W. 5, Dr. J. S. Pangti con ducted the postmortem examination of the dead body on 30-07-1987. Accord ing to the said Medical Officer cause of death was septicemia, which was pos sible due to extensive burns. He pre pared the postmortem examination re port (Ext. A-9 ). Initially, the investiga tion was done by P. W. 7, Sub Inspector R. B. Lal and after the crime was con verted to one under Section 302 of I. P. C. , further investigation was con ducted 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 PW. 8 (Inves tigating Officer ). Concerned learned Magistrate after registering the charge sheet provided necessary copies, as re quired under Section 207 of the Cr. P. C. , to the accused and committed the case to the court of Sessions for trial.

(3.) WE heard learned counsel for the parties and perused the entire evi dence on record.