KAMLESH DEVI Vs. STATE OF J AND K

JUDGEMENT

(1.) CONVICTED by Learned principal Sessions Judge, Jammu under sections 302/34 of the Ranbir Penal Code for killing one Kanta Devi by sprinkling kerosene and setting her on fire, and sentenced to life imprisonment, the appellants have appealed to this Court through their appeal registered as Criminal Appeal No. 8/2005, learned Sessions Judge, Jammu has made reference for confirmation of sentence which stands registered as Confirmation No. 3/ 2005. The Prosecution Story :

(2.) THE prosecution story, unfolded in the police report under Section 173 of the Code of Criminal Procedure, Smvt. 1989, in nut shell, is that Kanta Devi, the deceased, while going for getting "fodder" and "grass" on the banks of a spring outlet stream would take the village girls along thereby facilitating boys in indulging with them and teasing them. Kamlesh Devi, appellant on coming to know about it had reacted and told Kanta devi not to put her daughter on immoral path and to refrain from taking her daughter along. This does not appear to have any effect on Kanta Devi. Aggrieved by the conduct of Kanta Devi in driving her daughter to an immoral path, kamlesh Devi, the first appellant, accompanied by her sister-in-law (Nanad), the second appellant, went to the house of Kanta devi at about 12 noon on 14th of April, 1996. Initially, a quarrel ensued which aggravated later in Kamlesh Devi's pouring kerosene and Swarno Devi second appellant's, lighting a match box thereby putting Kanta Devi on fire with an intention to an end her life. This act of the appellants caused 90% burns on the body of Kanta Devi who was shifted to hospital where she made a statement indicating the circumstances leading to the occurrence. Her statement was recorded by pw-8 Mohd. Aziz, Head Constable who, before recording it, had obtained certificate from PW-9 Dr. Rajinder Nagar that Kanta devi was fit to make statement. F. I. R. No. 45/96 registered on the basis of this statement initially under Sections 307/34 of the ranbir Penal Code at Police Station Bari brahmana, Jammu, was later converted to one under Sections 304/34 of the Ranbir penal Code when Kanta Devi, succumbed to the burn injuries on 19th of April, 1996. The Trial of the appellants :

(3.) AFTER the investigation, a Challan was produced before the Chief Judicial Magistrate, Jammu who committed it to the Sessions Court where the appellants were charged under Section 302/34 of the Ranbir penal Code on 2-6-1996. They pleaded "not guilty" to the charge and claimed to be tried. To support its case, the prosecution examined PW-1 Mst. Bero Devi, a neighbour of the deceased Kanta Devi, PW-2 Ganesh ji, the brother-in-law of the deceased, PW-6 Dr. B. R. Sharma who had conducted the post-mortem examination of the deceased, pw-8 Mohd. Aziz, Head Constable who had recorded the statement of the deceased in the hospital, PW-9 Dr. Rajinder Nagar who had found the deceased fit to make statement and had attested her statement after it was recorded by Mohd. Aziz Head Constable, PW-11 Abdul Ghani Superintendent of Police, the Investigating Police Officer, besides other witnesses pertaining to seizure of articles from the spot, their production before the Magistrate besides the Forensic Science laboratory Report dated 31st of May, 1996 issued by its Assistant Director. These witnesses were PW-3 Baldev Raj, pw-4 Ashok Kumar, PW-5 Fazal Din, patwari, PW-7 Kartar Singh Naib Tehsildar and PW-10 Yaseen Shah Inspector of Police. After the conclusion of the prosecution evidence, the incriminating evidence appearing against the appellants was put to them for their explanation while recording their statements under Section 342 of the Code of Criminal Procedure. The appellants pleaded ignorance about the occurrence and stated that they did not know as to how kanta Devi had received burn injuries. They produced Seva Ram and Gopal in defence. Learned Principal Sessions Judge, jammu convicted the appellants on being satisfied on the basis of evidence produced by the prosecution that the appellants, with an intention to put end to Kanta Devi's life, who had been indulging in putting kamlesh's daughter on immoral path, poured kerosene and the second appellant put her on fire with the help of a match stick, and sentenced them to life imprisonment. Submissions on behalf of the appellants: