CHANDRA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Chandra Devi and Jai Singh were indicted before the learned Additional Sessions Judge No. 1, Jaipur City in Sessions Case No. 102/94. They were convicted and sentenced vide judgment dated 3/06/1996 under Sections 304B and 498A, IPC to suffer imprisonment for life and also 3 years imprisonment with fine of Rs. 100.00 and in default to further suffer imprisonment for 15 days. The sentences were directed to run concurrently. Against this judgment of conviction and sentence that the action for filing the present appeal has been resorted to by the appellants.

(2.) In brief the prosecution case is that Gopi Singh, (PW. 12), SHO Police Station Jhotwara recorded the Parcha Bayan (Ex. P. 3) of Smt. Geeta Devi (since deceased) on 6/08/1994. Smt. Geeta Devi deposed in the parcha Bayan that her marriage took place with Jai Singh some three years ago and she was issueless. After marriage Jai Singh and his younger brother Gajraj and mother-in-law Chandra Devi used to harass and beat her in connection with dowry that included demand of scooter. On the day of the incident her mother-in-law addressed her as sweeper and asked her to clean latrine. When she declined her husband Jai Singh and his brother Gajraj sprinkled kerosene oil on her body and set her ablaze by igniting match stick. It was Arun who extinguished the fire by water. On the basis of Parcha Bayan FIR No. 334/94 was registered at Police Station Jhotwara for the offences under Sections 498A and 307, IPC and investigation commenced. After the death of Geeta the case was converted under Section 304B, IPC. Autopsy on the dead body of Geeta Devi was conducted. Statements under Section 161, Cr.P.C. of the witnesses were recorded. Site was inspected and the accused were arrested. On completion of the investigation charge-sheet was filed against Chandra Devi and Jai Singh in the Court of Chief Judicial Magistrate, Jaipur whereas charge-sheet against accused Gajraj Singh was filed before the Juvenile Court, Jaipur. In due course the case came up for trial before the learned trial judge. Charges under Sections 304B and 498A, IPC were framed. The accused denied the charges and claimed trial. The prosecution examined as many as 15 witnesses in support of its case. In their statements under Section 313, Cr. P.C. the accused claimed innocence. As many as three defence witnesses were produced by the accused. The learned trial judge on hearing the final submissions convicted and sentenced the appellants as indicated hereinabove. Gajraj Singh was however acquitted by the judgment dated 7/12/1998 by the Juvenile Court, Jaipur from the charges under Sections 498A and 304B, IPC.

(3.) We have heard the submissions of the learned counsel and with their assistance scrutinised the material on record.