BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved of the judgment dated 1.9.2005 passed by learned Additional Sessions Judge (Fast Track) No.3, Ajmer in Sessions Case No. 12/2005, the accused appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973. The learned trial Court had convicted the appellant for the offence under Section 302 IPC and sentenced him to imprisonment for life with a fine of Rs. 5,000/- in default of which to further undergo six months S.I.

(2.) THE prosecution case was initiated on a Purchabayan (Ex.P/11) of Smt. Ratni Devi, while she was undergoing medical treatment, recorded by Rameshwar Dayal, A.S.I., (PW/21) on 4.10.2004 at 6.30 AM, at Government Yagya Narain Hospital, Kishangarh, Ajmer. It was stated by Smt. Ratni Devi that she is in conscious state of mind. Further, that she has 5 sons out of which, Bhanwar is the eldest one, Jeet Mal is younger to him, Babulal @ Pappu is younger to him and the youngest is Ramesh and all of them live separately. It was also stated that Ramesh lived with her. On 3rd October, 2004 in the night at about 10-11 PM, it was stated by Smt. Ratni Devi, that Babulal had come to her in a drunken position and started abusing. Further, he stated as to why she abused him the whole day. THEreafter, Babulal poured kerosene on Ratni Devi and put her on fire. She had then raised hue and cry as a result of which her son Ramesh came down and tried to extinguish the fire. THE blouse worn by Smt. Ratni Devi was burnt and she sustained injuries on her neck as well as on different parts of the body. Smt. Ratni Devi further stated in her Purchabayan that Babulal often used to abuse her. THE wife of Ramesh also came down from the First Floor and then Ramesh took her to the hospital where she was admitted. It was also stated by Smt. Ratni Devi that her husband was also at home, at that time.

(3.) AFTER the incident in the night intervening 3-4th October, 2004, the injured Ratni Devi was taken to Yagya Narain Hospital, Kishangarh and was got admitted. The information about injuries of burns sustained by Smt. Ratni Devi at her residence reached the Police Station at about 4.45 AM on 4th October, 2004. Thereafter, Rameshwardayal, S.I., along with Durga Prasad and Manak Lal had reached Yagya Narain Hospital. AFTER having come to the injured Ratni Devi at the Hospital, Rameshwar Dayal (PW/21) inquired about her condition from Dr. K.K. Talwani. The statements of injured Ratni Devi was then recorded in the presence of Dr. K.K.Talwani. The injured had stated in detail about the incident and specifically alleged that Babulal who was in a drunken state, poured Kerosene and set her on fire. AFTER recording of the statement (Ex.P/11), an endorsement was made by Dr. K.K.Talwani (PW/19) that the statement was taken before him. The thumb impression of Smt. Ratni Devi was put and her son Kishan Lal had also signed. The endorsement (Karvahi Police) recorded by Rameshwar Dayal, underneath the statement, gives about the injuries sustained by Ratni Devi on various parts of her body and that after recording of statement, the same was read over to the injured which she understood and put her thumb impression. The statement of Ratni Devi was recorded at about 6.30 AM, and thereafter Rameshwardayal submitted the same before the SHO of Police Station, Kishangarh who had also drawn the Kavahi Police and ordered for registration of the case (236/2004). Thereafter, handed over the investigation to Rameshwardayal SI at about 7.15 AM of 4th October, 2004. The fact with regard to the proceedings undertaken and recording of the statement of Ratni Devi was deposed in detail by Rameshwardayal (PW/21) before the learned trial Court. Similarly, as per Dr. K.K.Talwani (PW/19), the statement of Smt. Ratni Devi (Ex.P/11), was recorded before him and he had made the endorsement on it with his signature, date and time.