RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT , Raju, aged 23 years, was convicted under Section 302 I.P.C. whereas Madan Lal appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code by the learned Sessions Judge, Ferozepur, vide his judgment dated 11.5.1991 for allegedly causing the death of Sheela Devi by setting her on fire. Both the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each. In default of payment of fine each one of them was ordered to undergo further rigorous imprisonment for six months each. The conviction and sentence of the appellants are based exclusively on the basis of dying declaration of Sheela Devi Ex.PE.

(2.) SHEELA Devi, aged about 22 years, was married with Raju one of the appellants about 4/5 years prior to the present occurrence and she gave birth to two children one was male and the other was female. The male child passed away. There were allegedly strained relations between the husband and the wife and husband Raju used to beat his deceased wife occasionally. On 3.4.1992, Madan Lal and Raju appellants allegedly joined hands and thought of eliminating Sheela Devi while they were present in a room of their house at Sant Nagar, Abohar. Raju appellant gave an indication to Madan Lal to bring something. On such an indication he brought a Lotta containing kerosene. He handed over the same to Raju who poured it on the deceased and set the deceased on fire. Both the appellants bolted the door from outside and went away. Sheela Devi raised alarm. The aunt of the appellants namely Sito came and put a quilt on her body. Thereafter other people of the locality also collected there. Sheela Devi was removed to Guru Gobind Singh Medical College and Hospital, Faridkotwith 85 per cent burns, where she passed away on 15.4.1992.

(3.) A .S.I. Banta Singh, PW.10, who was entrusted with the investigation of this case, on 11.4.1992, went to the place of occurrence. He inspected the spot and took into possession one stove Ex.P2, Patila Ex. P3 and match-box Ex.P4, burnt quilt Ex.P5 and the tea-water put in a bottle Ex.P6 vide recovery memo Ex.PO. He also prepared rough site plan of the scene of occurrence Ex.PQ.