GIRDHARI LAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail appeal under Sec. 374 Cr. P.C. preferred against the judgment dated 31.8.96 of the learned sessions Judge, Ajmer, convicting the appellant under Sec. 302 I.RC. and sentencing him to imprisonment for life and a fine of Rs. 500.00.

(2.) The short facts of the case are these. Deceased Geeta was married to appellant Girdhari Lal more than 10-12 years before the alleged occurrence. Kesri (since acquitted) was her mother-in-law. It is alleged that the relations of husband and wife were not smooth. The cause is said to be the habit of appellant Girdhari to take liquor and beat Geeta. The unfortunate incident occurred on 7.6.1994, though in the charge framed against the accused, this is a clerical mistake and the date 8.6.1994 has been mentioned. The case was registered under Sec. 307 I.RC. on the basis of the statement of Geeta recorded at 12.30 a.m. in the hospital by Brahma Ram, A.S.I. RW. 11 wherein she is said to have stated that when she was sitting out side her house at about 8 or 8.30 p.m., accused Girdhari, who was drunk, started abusing her and Kesri instigated him to set her to fire. On which it is alleged, Girdhari went inside the house, brought a bottle full of kerosene oil, poured the same on Geeta and applied a lighted match stick. Geeta, it is stated, while burning cried for help, whereupon the neighbours reached there and came to her rescue. During the course of investigation, Geeta succumbed to the burn injuries in the morning of 8.6.1994, hence Sec. 302 Penal Code was added. It is stated that prior to her death,1'RW. 13 Shri N.K. Karnani, Judicial Magistrate had recorded the statement of Geeta between 11 p.m. and mid-night. The autopsy was performed by Dr. L.N. Singhesh RW. 7. After the completion of the investigation, the police submitted a challan against Girdhari appellant and Kesri.

(3.) The trial Court framed a charge under Sec. 302 Penal Code against Girdhari and under Sec. 304/108 Penal Code against Kesri. In order to prove the charges, the prosecution examined 13 witnesses. They are RW. 1 Shakuntala, RW. 2 Narendra Singh, RW. 3 Ram Khiladi, P.W. 4 Rajesh, RW. 5 Neelkanth, RW. 6 Dr. RK. Saraswat, RW. 7 Dr. L.N. Singhesh, RW. 8 Jai Ram, P.W. 9 Gyan Chand, RW. 10 Janki Devi, RW. 11 Brahma Ram, RW. 12 Durga Ram and P.W. 13 Nand Kishore Karnani. Accused Girdhari in his statement under Sec. 313 Cr. P.C. denied accusation. He came out with the case that he wanted to live with his mother but Geeta did not like it and she used to quarrel with him and earlier she had tried to commit suicide by jumping in a 'Bawari' and she had even consumed some poisonous substance. He stated that his wife used to threaten him that she would die and implicate him and his mother. The accused did not examine any witness in defence.