RUKMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by Smt. Rukma who has been convicted by learned Additional Sessions Judge, Nagaur camp at Deedwana vide his judgment dated 30-1-1985 for offence under Section 306, I. P. C. and sentenced to two years' simple imprisonment with a fine of Rs. 500/- and in default to undergo three months' simple imprisonment.

(2.) Briefly stated, Smt. Rukma's son was married to deceased Bhagwati. The marriage took place about eight years ago as admitted by Smt. Geeta PW-9 who is the mother of deceased. It is alleged that Smt. Bhagwati committed suicide on 18-7-1984 by burning herself after sprinkling kerosene oil on her body as the accused appellant had abetted the commission of suicide. Smt. Rukma is the mother-in-law of Smt. Bhagwati and used to pester her, abuse her, make allegations about theft, used to allege that she was of bad character and had illicit relations with her father-in-law. On 18-7-1984 Smt. Rukma, appellant quarrelled with Bhagwati and abetted her to burn and die. Smt. Bhagwati silently went to a room, sprinkled kerosene oil on herself and burnt. She suffered about 90% burns and was brought to hospital where doctors recorded her dying declaration. On the basis of this dying declaration a case under Section 306, I. P. C. was registered at police station Ladnu. After investigation Smt. Rukma was challenged. Learned Magistrate having jurisdiction committed the case to the learned Additional Sessions Judge. Learned Additional Sessions Judge framed charge under Section 306, I. P. C. against the accused appellant on 6-9-1984. Appellant denied her indictment and claimed trial. Then prosecution examined as many as nine witnesses. Appellant Smt. Rukma was examined under Section 313, Cr. P. C. Learned Additional Sessions Judge, after hearing both the parties, convicted and sentenced the accused appellant as stated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor.