MAHAVIR ALIAS MAHAVIR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Addl. Sessions Judge, Bikaner, by his judgment dated 21. 10. 87 in Sessions case No. 16/86 has convicted Mahavir of an offence u/s 302 I. P. C. and has sentenced him to undergo life imprisonment and to pay a fine of Rs. 500/- and in default to undergo further rigorous imprisonment of one year. Aggrieved, he has come in appeal.

(2.) BRIEFLY stated, the prosecution story is that deceased Radha and PW 7 Mira are sisters, being daughters of PW 2 Babu Lal and PW 8 Mohini. Appellant Mahavir is son of Mohan Lal and his wife Mohini (not the former Mohini ). Mohan Lal has two more sons viz. Chaturbhuj and Hanuman. Deceased Smt. Radha was married to appellant Mahavir some seven years prior to the incident. Radha's sister PW 7 Mira was married to Hanuman aforesaid, the brother of the appellant. Smt. Radha used to reside with her husband separately from her in-laws in a rented house at Idgah-Ki-Bari in the town of Bikaner while Mohanlal, his wife Mohini, Hanuman and Smt. Radha used to reside in a separate house at some distance.

(3.) PRITAM Singh arranged for constitution of a medical board to conduct an autopsy on the dead body of Smt. Radha. The medical board consisted of P. W. 11 Dr. R. K. Gehlot and Dr. . A. C. Bothra and P. N. Sarin. This medical board conducted post-mortem examination of the dead body of Smt. Radha, which was identified by her husband Mahavir and her father Babu Lal besides a constable Ladhu Ram on 24. 11. 82 at 4. 15 p. m. The medical board found the dead body in a pugilistic posture. Faecal matter was coming out of anus. The hair of the deceased were smelling of kerosene oil. The body was extensively burnt and charred. The tongue was protuding and carbon particles had deposited on her teeth. Upon opening the dead body, the medical board found that the brain and its membranes were congested. Carbon particles had mixed with mucus and had gone upto trachea. The mucus membrane of wind pipe was also congested. Likewise, both the lumgs, spleen, lever and kidneys were also congested. The medical board prepared a post-mortem report Ex. P17 in this regard. In the opinion Of the medical board, Smt. Radha had died due to shock because of excessive burns involving 95% of her total body surface area. The medical board preserved her viscera for chemical examination and skin for histo-pathological examination.