MOHAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the instant appeal the appellant has impugned the judgment dated March 3, 1998 of the learned Special Judge, SC & ST (Prevention of Atrocities) Cases Ajmer whereby the appellant was found guilty, convicted and sentenced in Sessions Case No. 1 of 1995 under Sec. 302 IPC to imprisonment for life and a fine of Rs. 1000/- (in default to further undergo six months R. I. ).

(2.) AS per prosecution story Pooran Singh, A. S. I. , Police Station Sadar Kotwali, Ajmer on receiving information on June 24, 1983 at 9. 50 p. m. from J. N. Hospital that a woman having burns on her body was admitted, reached at the Hospital and recorded Parcha Bayan of injured ASha (since deceased) who deposed that when she was alone in the house her husband Mohan Das (accused appellant) poured kerosene on her, ignite the match stick and set her ablaze. When she raised hue and cry, the tenants of the house came over there. After a while she also found her husband there who put a cloth on her. On the basis of Parcha Bayan of ASha, Police Station Ganj Ajmer registered case No. 116/83 under Section 307 IPC and commenced investigation. ASha died on July 21, 1983 and the case was converted into section 302 IPC. Deadbody of ASha was subjected to post mortem. Statements of witnesses under Section 161 Cr. P. C. were recorded. Accused appellant was arrested. On conclusion of the investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge who framed charge under Sec. 302 IPC. The appellant denied the charge and claimed trial. The prosecution examined as many as 16 witnesses and exhibited 23 documents. In the statement recorded under Sec. 313 Cr. P. C. the appellant denied the allegations and claimed innocence. No evidence in defence was however led. Learned trial judge after hearing the final submissions convicted and sentenced the appellant as indicated above.

(3.) FROM the material on record following factual situation emerges: (i) When Asha was admitted to the Hospital, she sustained 55 percent superficial and deep burns on various parts of her body. (ii) Asha died after about 28 days of the occurrence due to septicaemic shock as a result of ante mortem burns. (iii) In Parcha Bayan Ex. P. 1, Asha deposed that the appellant after the incident put a cloth over her. (iv) FROM the evidence it is also established that it was the appellant who took Asha in an auto rickshaw to the Hospital and got her admitted.