NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26 -11 -1984 by which the learned Additional Sessions Judge, Raisinghnagar convicted appellant Nathuram and sentenced him to imprisonment for life Under Section 302, IPC.

(2.) BRIEFLY stated the prosecution story is that Nathuram Appellant and his wife deceased Meera were married about six years prior to 2 -5 -1983 the date of the incident of Meera getting burnt. On 2 -5 -1983 at about 8 a.m. there was quarrel between Meera and her mother -in -law Devi Bai because of Devi Bai alleging illicit relations between Meera and her father -in -law Rochumal. At about 11 a.m. Nathuram, a peon in the Irregation Dept. returned home. By that time Meera had not prepared food foor him and when Meera complained of the allegations levelled by her mother -in -law, the appellant man handled her. When she threatened to complain to Dwarka Nath, Sarpanch, the appellant poured kerosene oil from a tin and set fire. That, the appellant before doing so, asked his mother to shot up the doors. When on getting brunt, Meera started crying. the appellant poured pot of water on her and extinguished the ore. Meera got burnt on face, chest, stomach and hands, Her husband the appellant, then made her lie in side theroom. About half an hour thereafter, Pummy alias Surendra Kaur (PW 2) came there and applied ointment on her wounds. Thereafter, a number of persons of the village Jetsar reached there and the appellant took his wife Meera to Vijaynagar Hospital in a jeep. Dr. Sahi Ram (PW 9), Officer -in -charge Vijaynagar Hospital, examined her injuries at 2.45 p.m. and found first and second degree burns on her body. There were 35 -40% burns. The injury report is Ex. P. 6. The doctor sent information Ex. P. 7 to the concerned Police Station. Maniram (PW 13), SHO, Police Station, Vijaynagar, reached the Government Hospital where Meera was admitted. He recorded her statement Ex. P.5. Hs went to the Police Station and on the basis of that statement of Meera chalked the formal FIR Ex. P. 13. The SHO then went to the site and prepared the site plan and the site inspection memo. He recovered one tin of kerosene oil containing three bottles of kerosene oil. Burnt clothes of Meera were also recovered from the site. During the course of investigation statements of the witnesses were recorded. Meanwhile, Meera's condition not being good, Dr. Shai Ram (PW 9) referred her to Ganganagar Hospital. Nathuram took Meera to Ganganagar Hospital where she was admitted as indoor patient. On 3 -5 -1987, apprehending the deterioration in the condition of the patient, ASI, Anil Khanna recorded her statement which is Ex. D. 6. Judicial Magistrate Shri Brij Mohan Bansal also recorded her statement on the same day which is Ex. D. 7. Meera succumbed to the burn injuries sustained by her at 5.30 am. on 6 -5 -1983. Dr. Rajendra Kumar Gupta (PW 14), Medical jurist, Government Hospital, Sri Ganganagar conducted the autopsy over the dead body. On receiving the information of death of Meera from the Medical Jurist Dr. Rajendra Prasad Gupta, Ved Prakash (PW 4), ASI, Sri Ganganagar Police Station, went to the hospital and prepared the Panchnama of the dead body Ex. P. 2. The dead body was entrusted to Hari Prasad (PW 7), brother of the deceased. Maniram SHO, proceeded with the investigation and recorded the statements of witnesses.

(3.) WE heard Shri Doongar Singh, learned Counsel for appellant and Mrs. Sumitra Chouhan, learned Public Prosecutor and perused the record of the case.