STATE OF RAJASTHAN Vs. GEEGA RAM

JUDGEMENT

(1.) THIS judgment will deal with a Reference (No. 3 of 1982) for confirmation of a sentence of death, D.B. Criminal Appeal No. 112 of 1982, and D.B. Criminal (Jail) Appeal No. 113 of 1982, all thereof which arise from a judgment and order, dated February 25, 1982, by the Sessions Judge, Jhunjhunu, convicting Geega Ram and Bajranglal under Sec. ion 302 IPC and sentencing the former to death and the latter to imprisonment for life and a fine of Rs 100/- and, in default, to further rigorous imprisonment for one month.

(2.) THE case of the prosecution may be shortly stated here. Chanda Devi deceased, who is said to have been killed by her father-in-law Geega Ram, and his nephew Bajrang Lal, was a widow, residing with her father-in-law at Jhunjhunu at the time of her murder. Her husband Chhaju Ram Kumhar, who was working abroad in United Arab Emirates, has died there of an accident on September 20, 1980. He had taken an insurance policy with accident benefit from the Life Insurance Corporation of India in August, 1979. Chanda Devi, who was the nominee, specified as such in the documents of insurance, by her deceased husband, was entitled to receive payment of a sum of about Rs. 30,000/- from the insurer. It is alleged that Geega Ram and Bajrang Lal Sprinkled Kerosene on her in her sleep during the night on September 27, 1981, set her ablaze and thus killed her so that Geega Ram could realize payment of the amount of insurance as the surviving legal heir of his deceased son.

(3.) PW Sanwal Ram is the only witness from among the neighbours of Geega Ram who rose above his sympathies as a neighbour and made bold to tell truth. He recalled that he had heard the cries of Chanda Devi on the fateful night and gone to the house of her father-in-law to see what had happened. He deposed that Chanda was convulsing on the ground and cursing that she had been set ablaze by her father-in-law and Jeth. He added in this context that both Geega Ram and Bajranglal, father-in-law and Jeth, respectively, of the deceased were present there at the time when she was, in a manner of a speak-ing, pointing her accusing finger to them.