SADHURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this appeal, the judgment of the Additional Sessions Judge Neem Ka Thana (Sikar) convicting & sentencing Jagdish (A1) & Sadhuram (A2) appellants for following offences has been assailed- Sadhuram (A2) U/sec. 498-A IPC - Three years' RI with a fine of Rs. 250/- (in default, further 3 months's RI) U/sec. 302 IPC - Life imprisonment with a fine of Rs. 2000/- (in default, further two years' SI) Jagdish (A1) U/sec. 201 IPC - 3 years' RI with a fine of Rs. 500/- (in default, further 6 months' SI)

(2.) FACTS in nutshell are that on the basis of Parcha Bayan (Exp4) of Malaram (Pw3) recorded by Gokul Singh (PW13) (Sub Inspector) on 22. 11. 96, FIR No. 372/96 (Ex. P. 10) was registered at PS Neemka Thana alleging therein that in midnight of 22. 11. 96 at 1 A. M. Jagdish (A1) came to the house of Malaram requesting to accompany him as his son Sadhuram (A2)'s wife Rukma was not opening the door so he accompanied Jagdish to his brother Narain's house from where Narain also joined them and Mohan was also called. Thereupon all gathered at the house of Jagdish (A1) where Narain knocked the door asking Rukma to open it but the door was not opened then Sadhuram (A2) climbed over roof of hutment and by removing roof straws, had entered into hut and after unbolting the door in a lantern light found wife of Sadhuram & his two children hanging with a plastic rope in a dead position, so their bodies were got down and whereupon Jagdish (A1), Narain and Sadhuram (A2) asked him (Malaram) to stay while for a 5 minutes in order to consult family members about mishap at Mohan's place meanwhile Jagdish's wife cam there but she did not say not she wept. After half an hour Jagdish (A1) & Sadhuram (A2) came back and asked him (Malaram) not to disclose this mishap to anybody, for which he was sworn to Goddess of Ganga. It has also been alleged by Malaram in Parcha Bayan (Exp4) that at that time Sadhuram had kerosene tin in his hand and poured kerosene over Rukma & Munni and then both of them reiterated to swear in the name of Good not to disclose or whisper about this mishap in order to save them; thereafter Malaram went to him home but at 2o'clock in the midnight he heard of commotion and hullabaloo in the locality so he came out of his home and found villagers gathering outside huts of Jagdish (A1), which were being burnt. malaram then alleged that Sadhuram (A2) had beaten his wife Rukma a day before the incident and he was habitual to beat her off and on and in the last night Rukma was hanged to death and then with common intention on the part of Sadhuram (A2), his father Jagdish (A1), his uncles narain & Mohan, they set ablaze Rukma & her daughter causing burn to their own huts also. Malaram further alleged that all the family members used to harass and humiliate Rukma and they had set corpses of Rukma & Munni ablaze with intent to destroy the proof and then lodged a false report about having caught the fire to his hut, whereas the fire was obliquely made.

(3.) DURING investigation, Buglaram brother of Rukma also addressed complaint dated 23. 11. 96 (Ex. P17) to the Dysp Circle Neemka Thana making allegations of maltreatment and humiliation by Sadhuram (A2) with Rukma after one year of her marriage and further stating therein that on 22. 11. 96 at 8 A. M. Narainram, Mohan came to his house (Bugla's) in a jeep and intimated that Rukma and her daughter had died due to fire to the hut and therefore, he alongwith Girdhari etc. reached the spot when it was given out by Malaram Gujar, Phoolch and etc. that Sadhuram (A2) had after having killed Rukma & her daughter had put them into fire by pouring kerosene oil.