HARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.9.1993 passed by the Additional Sessions Judge, Jodhpur, convicting the appellant of offence under section 302 Penal Code and sentencing him to imprisonment for life.

(2.) The prosecution case as set out during the trial is as follows :

(3.) Deceased Mst. Manju was married to Tarachand. Her father-in-law Hari Ram (appellant), was having evil eye on her. Tired of his conduct, Mst. Manju left her matrimonial home about three years back from the date of incident. However, Tarachand (husband) brought her assuring the parents of Mst. Manju that he will keep her at Raniwara. They stayed at Raniwara for about eight to nine months. Thereafter, he returned to Jodhpur alongwith his wife Mst. Manju and started living with parents. On 7th May 1993, as usual, Mst. Manju's husband went out for earning. Her mother-in-law, a vegetable vendor, went out for the job. At the house, there were non except deceased Mst. Manju and her father-in-law appellant Hari Ram. It is alleged that at about 9 A.M., the appellant again asked Mst. Manju to sleep with him. Mst. Manju refused to oblige him. She tried to run away but the accused sprinkled kerosene on her and lit fire, on account of which she was seriously burnt. After some time, her mother-in-law arrived and took her to the hospital. The hospital authorities informed the police. The S.H.O., Police Station, Shastri Nagar, Jodhpur requested PW. 14 Surendra Kumar Sharma, A.C.J.M. No. 3, Jodhpur, to record the dying declaration of Mst. Manju. At 2 RM., P.W 14 Surendra Kumar Sharma recorded the dying declaration Ex.R 10 of Mst. Manju, which is extracted as under: