ASHOK DHARIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ASHOK Dhariwal, his father Kanmal , sister Lalita and paternal uncle Amrit Raj were committed to court of Sessions, Jodhpur for facing trial for offences u/ss 302, 120b and 201, I. P. C. Learned Sessions Judge, Jodhpur transferred the case for trial to learned Additional Sessions Judge No. 2, Jodhpur. Learned trial Judge discharged Amrit Raj for all the charges and this order of discharge was maintained by this Court as well as by the apex Court. Charges for offences u/ss. 302, 201 and 120b, I. P. C. were framed against ASHOK; charges for offences u/s. 302 read with ss. 120b and 302, I. P. C. were framed against Kanmal and Lalita. On revision, this Court quashed charge u/s. 201, I. P. C. against all the accused persons. Hence, ASHOK was tried for offences u/ss 302 and 120b, I. P. C. while Kanmal and Lalita were tried for offences u/s 302 read with s. 120b, I. P. C. After trial, learned trial Judge acquitted Kanmal and Lalita of charges u/s. 302 read with s. 120b, L. P. C. he acquitted ASHOK of charge u/s. 120b, I. P. C. However, he convicted ASHOK of offence u/s. 302, I. P. C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default to undergo rigorous imprisonment for six months. Aggrieved ASHOK has filed D. B. Criminal Appeal No. 156/1986, State Government has filed with leave of this Court D. B. Criminal Appeal No. 11/1987 challenging acquittal of ASHOK for offence u/s. 120b, I. P. C. and of Lalita and Kanmal for offence u/s. 302 read with s. 120b, I. P. C. First informant Kailash has filed Criminal Revision No. 214/1986 praying for enhancement of sentence passed upon ASHOK. Since all these matters arise out of common judgment and order, all of them have been heard together by consent of all concerned and are being disposed of by a common judgment.

(2.) SOME of the salient facts of the case are not in dispute and may be noted here. Hansa Rani (deceased) was the youngest, of the five daughters of Peerchand (P. W. 34) and Madan Kanwar (P. W. 23 ). P. W. 2 Kailash is the brother of Hansa. The other of Hansa are Kamla, Sushila, Shanti and Vijay Laxmi, Kamala (P. W. 14) was married to Dalpat Mal Kumbhat (P. W. 29 ). P. W. 41 Sushila was married to one R. N. Modi. Vijay Laxmi was also married. Kailash was also married and his wife is P. W. 33 Asha Devi. P. W. 26 Ganpat Mal is father of Dalpat Mal and father-in-law of Kamla Hansa Rani was an educated girl and had studied upto M. A. (previous) prior to her marriage. Hansa's father Peer Chand used to reside at Balsar in State of Gujarat in connecotion with employment. Kailash Chandra used to live at Jodhpur in the locality known as Daphtarion kn Bas.

(3.) THE defence was a complete denial of the alleged harrasment or torture of Hansa with a view to obtain larger dowry. THE theory put forward by the defence was that on the fateful night, all the inmates of the house were sleeping upstairs and the accused as also other inmates of the family on hearing hue an cry came down and saw Hansa aflame. Kanmal placed a Pattu around her and doused the flames. In attempt to save Hansa, hand of Ashok also got singed. THEreafter, Hansa was immediately removed to the hospital and was got treated. Ashok even donated blood for her. Kailash and Asha were immediately informed of the occurrence and were taken to the hospital. Ft was denied that the accused persons or any one of them set Hansa on fire.