STATE OF RAJASTHAN Vs. SURESHDAS

JUDGEMENT

(1.) The instant appeal under Section 378 (iii) and (i) against acquittal has been preferred by the State of Rajasthan for assailing the judgment dated 18.09.1986 passed by the learned Sessions Judge, Jodhpur in Sessions Case No.22/1985, whereby the respondent Sureshdas was acquitted of the charge under Section 302 IPC.

(2.) The brief facts relevant and essential for disposal of the instant appeal are noted hereinbelow.

(3.) The accused appellant was married to Smt. Indu (the deceased) 5 years before the incident. As per the prosecution case, the accused was in a habit of consuming liquor and used to quarrel with his wife under the effect of liquor. The appellant and the deceased used to stay near the Mama Khejda Ki Gali. The prosecution further alleged that on 09.12.1984, the accused asked his wife to warm up the food, but she replied that the time was inauspicious and thus, she would not do so. On this count, a quarrel took place between the spouses and the accused slapped Smt. Indu a few times. Thereafter, Smt. Indu went to sleep. In the morning, the accused told his grandmother Soni Bai of this incident and again slapped Smt. Indu. She tried to retaliate and slap the accused, on which, he caught hold of her hand and told her to die. As per the prosecution case, the accused again pestered Indu on 10.12.1984 at about 3 to 4 o'clock and exhorted that she should die, on which, Smt. Indu implored the acused to pour kerosene on her body. Upon this, the respondentaccused brought a tin of kerosene, poured the same on the body of Indu and set her to fire. Smt. Indu got badly burnt and raised a hue and cry, on which, the ladies from neighborhood gathered. Indu's sister Pinnu was called and thereafter, she was taken to the Mahatma Gandhi Hospital at about 06.10 p.m. The hospital clerk Shri Narayan Singh gave information to Head Constable Shri Navlaram posted at the Police Station Sadar Kotwali regarding the lady having been admitted to the hospital in a burnt condition. Sub-Inspector Kan Singh (P.W.7) immediately reached the hospital and contacted the Medical Officer on duty Dr. Rakesh Kumar (P.W.11). Opinion of the doctor was sought, who gave a certificate that the patient was in fit condition for recording her statement. Thereafter, Sub-Inspector Kan Singh (P.W.7) proceeded to note down the dying declaration of Indu, which was marked as Ex.P/15 during the course of trial. The dying declaration was certified by Dr. Rakesh Kumar (P.W.11). Thumb impressions of Smt. Indu were also taken thereupon. In this statement, Smt. Indu clearly levelled the allegations, which have been narrated as above. Thereafter, the Sub-Inspector Kan Singh proceeded to the Police Station Sadar Kotwali, Jodhpur, where, based on this dying declaration of Indu, FIR No.99/1984 (Ex.P/18) came to be registered for the offence under Section 307 IPC at 8.45 PM. SHO Bhanwar Singh (P.W.9) also recorded the statement (Ex.P/22) of Smt. Indu, in which, allegations identical to those made in the dying declaration Ex.P/15 were made by the lady. The SHO Bhanwar Singh directed the Sub-Inspector Kan Singh to get the dying declaration of Smt. Indu, recorded by a Magistrate. Thereupon, Kan Singh submitted an application before Mr. Yogendra Kumar, Judicial Magistrate No.5, Jodhpur, who reached the hospital and contacted the duty doctor Dr. Ashwini Gupta, who issued a certificate Ex.P/12 that the patient was fit for the statement. Thereafter, Mr. Yogendra Kumar (P.W.6), Judicial Magistrate recorded the dying declaration (Ex.P/13) of Smt. Indu and got her thumb impression appended thereupon. The treatment of Smt. Indu continued at the hospital. SHO Bhanwar Singh undertook investigation. The burnt clothes and hair of Smt. Indu were seized. Photographs of the place of incident were got snapped by Photographer Shri Anand Prakash. Accused Sureshdas was arrested on 10.12.1984. Statements of the concerned witnesses were recorded under Section 161 CrPC. Smt. Indu passed away on 14.12.1984, whereupon offence under Section 302 IPC was added to the case. The dead body of Smt. Indu was got subjected to postmortem and Panchnama was prepared. Thereafter, the dead body of Smt. Indu was handed over to her father Kanhaiya Lal (D.W.4) for cremation. As per the postmortem report (Ex.P/17) issued by the Medical Board, the deceased had received superficial burns all over her body and as per the testimony of the medical jurist, Dr. Jagdish (P.W.8), the cause of death was opined to be secondary shock and Toxemia resulting from burn injuries.