BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Bhanwar Lal against a judgment dated 9.4.1992 delivered by the learned Additional Sessions Judge, Bali, whereby the accused-appellant Bhanwarlal was found guilty for the offence under Sec. 498A of the Indian Penal Code and was awarded a sentence of two years' RI and a fine of Rs.2,500.00 and for nonpayment of fine, additional RI for 8 months.

(2.) Smt. Ugam Devi alias Ugiya, daughter of Heeraji Lohar of village Morkha, police station Sadri was married to the appellant, who is resident of village Kot Baliyan, police station Bali. She was residing at her inlaws place in village Kot Baliyan and on 21.10.1988, poured kerosine and ignited herself with the help of a match-box in order to commit suicide. Her mother in-law Smt. Nanda poured water over her and doused the fire. PW1 Panna Lal Lohar an uncle of Smt. Ugiya and others took her to the hospital at Bali where she was admitted for treatment. According to the prosecution story the Station House Officer PW 17 Nathu Ram recorded her statement Ex.P/13 in the hospital. The Sub-Divisional Magistrate Niranjan Sharma (PW 8) also recorded her statement ex.P/10 on 21.10.1988. On the statement Ex.P/13 a case under Sec. 498A of the Indian Penal Code was registered against Bhanwar Lal and his mother Smt. Nanda. On 28.10.1988, in the evening, at about 7.45 P.M., Smt. Ugiya breathe her last on (sic) excessive burns and resultant toxaemia. A Medical Board consisting of Dr. D.R. (sic) Dr. B.K. Goyal and Dr. Dinesh Sarada (PW 6) was constituted and the said cause of death was recorded in the Autopsy Report Ex.P/8. The mother and son both were challaned under Sections 306 and 498A of the Indian Penal Code in the court of learned Chief Judicial Magistrate, Bali, who committed the case to the said trial court at Bali. The charges were framed under Sections 306 and 498A of the Indian Penal Code. Both the accused pleaded not guilty.

(3.) PW 1 Panna Lal, PW 2 Jethu Ram, PW 3 Poonam Chand, PW4 Junjar Singh, PW 5 Javeri Mal, PW 6 Dr. Dinesh Sarada, PW 7 Dr. Manoj Saxena, PW 8 Niranjan Sharma, SDM, PW9 Smt. Raji, PW 10 Bhikh Singh, PW 11 Mohan Lal, PW 12 Ku. Kusum PW 13 Om Prakash, PW 14 Smt. Pani PW 15 Sultan Khan, PW 16 Ratan Singh and PW 17Nathu Ram were examined by the prosecution in support of its story. None was examined in defence. The appellant in his statement recorded under Sec. 313 of the Code Criminal Procedure stated that his relationship with the deceased was very cordial. When he left in the morning at 7.00 AM for the factory, his tiffin was prepared by the deceased.