RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Rajendra has filed this appeal against the judgment dated 28.10.1999 passed by the learned Sessions Judge, Sawai Madhopur in Sessions Case No 57/1999, whereby the appellant has been convicted and sentenced under Section 498 -A, I.P.C. with one year's rigorous imprisonment and under Section 302, I.P.C. with imprisonment for life and with fine of Rs. 1,000/ - and in default to further undergo two months' simple imprisonment.

(2.) THE incident in question which gave rise to the present prosecution occurred on May 24 at about 3 or 4 p.m. in Sawai Madhopur. It is the case of the prosecution that P.W. 15 Shri Manvendra Singh, SHO, Police Station Kotwali, Sawai Madhopur received a written report Ex. P9 from General Hospital, Sawai Madhopur at about 6.20 p.m. on 24.5.1999 to the effect that one woman Smt. Vimala w/o Shri Rajendra, aged 32 years, resident of Sawai Madhopur, has been admitted in a serious burnt condition. Upon instructions of SHO, P.W. 17 Shri Sachendra Singh, ASI came to the hospital and recorded the statement of Smt. Vimla Ex. P18 at about 10.55 p.m. Smt. Vimla stated that her husband Rajendra poured kerosene upon her and set her on fire. She saw her husband sleeping with the wife of their tenant Shri Mahesh. She wanted Mahesh to vacate the house. At about 3 -4 p.m., she was preparing meals. At that time, her husband first gave a beating to her and then set her on fire after pouring kerosene on her head. No one else except their minor children was present in the house. This Parcha Bayan Ex. P18 was submitted at the police station. A formal FIR Ex. P19 was registered under Section 307,I.P.C. At about 11.45 p.m. on that day one appliction Ex. P15 was submitted by ASI, Shri Sachedra Pal Singh to Additional Chief Judicial Magistrate P.W. 14 Shri Latif Mohd. for recording the statement of Smt. Vimla. P.W. 14 Shri Latif Mohd. reached the hospital. The duty doctor Shri R.K. Sharma informed the concerned Magistrate that Smt. Vimla is in a fit state to give her statement. The concerned Magistrate recorded her statement Ex. P16 at about 12 in the night. The contents of this statement are similar to the statement Ex. P18. According to Ex. P16, Smt. Vimla disclosed the name of the wife of their tenant as Usha. It was also stated that she came to her husband's house yesterday from her parents' house. The injured Smt. Vimla succumbed her injuries after a few hours in the hospital. P.W. 9 Dr. R.P. Gupta first examined her injuries at about 6 p.m. on that day and prepared the injury report Ex. P10. At about 8.15 a.m. on 25.5.1999. P.W. 11 Dr. Babu Lal Meena conducted the post -mortem on the dead body of Smt. Vimla and prepared the post -mortem report Ex. P14. After receipt of the information about the death of injured, offence punishable under Section 307, I.P.C. came to be altered to one under Sections 302 and 498, I.P.C After completing the investigation, charge -sheet came to be filed in the Court of Chief Judicial Magistate, Sawai Madhopur, who committed the case to the learned Court of Sessions Judge, Sawai Madhopur, who framed the charges under Sections 498 -A and 302, I.P.C. The accused -appellant Shri Rajendra pleaded not guilty and claimed trial. As many as 17 witnesses were examined on behalf of prosecution, the statement of accused -appellant Rajendra was recorded as provided by Section 313, Cr.P.C. He denied the prosecution evidence and stated that her wife was under mental disorder and in the year 1996 she once consumed poison. She herself set her on fire. She was taken to hospital immediately for treatment and immediate intimation was given to her parents. Her relatives came to the hospital. On account of her brother -in -law's political relations, he was falsely implicated. In defence one Smt. Ram Nathi was examined. Having heard final submissions, the learned Sessions Judge convicted and sentenced the accused -appellant as stated above.

(3.) THE crucial point for consideration is as to whether the accused -appellant, being the husband of Smt. Vimla Devi subjected her to cruelty and set her on fire after pouring kerosene