CHAMPALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.7.1996 passed by the learned Additional Sessions Judge No. 1, Jodhpur, convicting the appellant of the offence u/s. 302 Penal Code and sentenced to undergo imprisonment for life.

(2.) Briefly stated the prosecution case is that on 11.12.1995 at about 10.30 p.m., PW-8 Omprakash submitted a written report at Police Station, Mahamandir, Jodhpur, stating inter alia that his sister Smt. Pani Devi was married to appellant Champalal about twenty five years back. Out of their wedlock, five girls and one boy were born. His sister used to earn livelihood and maintain children. Appellant Champalal used to go for earning casually. Appellant Champalal used to demand money from her for consuming liquor. Appellant also used to harass and beat her. On the fateful day, when she returned from her job, appellant was consuming liquor. He (appellant) abused his sister Pani Devi saying that she was keeping number of paramour and she used to stay with them during day hours ...[VERNACULAR TEXT OMITTED]... He locked the children in one room. Thereafter, the appellant poured kerosene on her and with intention to kill her, threw a burning matchstick. His sister made hue and cry, which attracted number of people including PW-7 Pappu Ram. Having seen the incident, Pappu Ram rushed to his house and narrated the incident. At that time, his cousin PW-6 Doonger Singh was also sitting with him. They rushed to the house of appellant Champalal and found that his sister Pani Devi was burning and lying in a pit. She was taken out of the pit by PW-18 Prakash, brother of appellant Champalal. The fire was extinguished. On enquiry, deceased Pani Devi narrated the incident. She was taken for treatment to the M.G. Hospital. On this information, police registered a case for the offence u/s. 307 Penal Code and proceeded with investigation. At 10.40 p.m., PW-20 Joga Ram, SHO Police Station, Mahamandir, Jodhpur recorded the statement of Smt. Pani Devi in the M.G. Hospital in the presence of PW-13 Dr. M.K. Parihar. She died on 12.12.1995 at 4.10 a.m. The Police prepared the site plan, inquest report and sent the dead body for post mortem. The post mortem was conducted by a Board of three doctors. The Board found it to be a case of hundred percent burn. In the opinion of the Board, the cause of death was shock due to extensive burns. After usual investigation, police laid charge-sheet against the appellant for the offence u/s. 302 IPC.

(3.) The appellant denied the charges levelled against him and claimed trial. The prosecution in support of the case examined twenty one witnesses. The appellant in his statement u/s. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The trial Court relying on the dying declaration Ex.P/9 corroborated by the medical evidence, convicted and sentenced the appellant in the manner noticed above.