OMPATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was convicted on 19.8.2002 under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') for committing the murder of Shashi and was sentenced on 21.8.2002 to suffer rigorous imprisonment for life and fine of C5000/- and awarded further rigorous imprisonment for two years in case of default of payment of fine.

(2.) FIR (Ex.PG/2) was lodged on the statement of Shashi in which she had stated that she was married to Ram gopal and had two children namely, Karan and Ishwar. On 29.4.2001 at about 8.30 PM, when she was present in her house, her mother-in-law Santosh, father-in-law Fakir Chand and sister-in-law Ompati (appellant) started quarrelling with her and Ompati threw kerosene oil upon her and set her on fire. Her husband Ram Gopal tried to save her but he himself got burnt. Due to the fire, her clothes, face, both hands, breast, stomach and feet were burnt. Her jeth Dharamvir reached the spot after the fire was extinguished. Her mother-in-law, father-inlaw and sister-in-law used to harass her. There was no fault of any other person. Her husband and jeth Dharamvir brought her to hospital at Jind but the Doctor referred her to PGI, Rohtak. She recorded her statement when she was conscious and admitting it to be correct and thumb mark the same.

(3.) Initially the case was registered under Section 307 read with Section 34 of the IPC on the same day. The Investigating Officer requested the Duty Magistrate Ms.Rajni Yadav, JMIC, Rohtak to record the statement of the deceased Shashi and after obtaining the opinion of the Doctor about her fitness, her statement was recorded.