PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred this appeal against the judgment of conviction and sentence dtd. 17/7/2019 passed by Additional Sessions Judge No.2, Bandikui, District Dausa (Rajasthan) (hereinafter referred to as "trial Court") in Sessions case B.T. No.146/2018 (30/2013). By this judgment, learned trial Court convicted them for the offence under Sec. 147 and 302/149 IPC. For the offence under Sec. 147 IPC they were sentenced to undergo 2 years simple imprisonment along with a fine of Rs.5,000.00 each, and in default of payment of fine, 3 months simple imprisonment was ordered. For the offence under Sec. 302/149 IPC they were sentenced for imprisonment of life along with fine of Rs.10,000.00 each, and in default of payment of fine, 6 months simple imprisonment was ordered.

(2.) Criminal proceedings were set on motion when (PW-1) Rahim Khan received a telephone call on mobile on 9/3/2013 in respect of the fact that, a lady named Geeta Devi has been brought in CHC, Sikrai in burnt condition by her family members. On this information, he along with constable Pooran reached at CHC, Sikrai. He issued written direction to doctor for medical treatment. Thereafter, he found that Geeta Devi was in condition to give her statement. In presence of Dr. Babu Lal, he recorded her statement (Parchabayan Ex.P-1) wherein she stated that she is resident of village Hingwa. At about 11:00 P.M. when she was sleeping, Pappu, Babulal, Vinod, Satyaveer and Ramotar came there and dragged her out and told that what her husband is doing and that they are taking possession of their land. They came with a canister (pipi) filled with some substance about which she had no idea and poured upon her and lit her on fire with a matchbox and afterwards all those persons ran away. Her family members brought her to the hospital. On the basis of this Parchabayan, an FIR No.58/2013 was registered at Police Station Manpur, District Dausa on 10/3/2013 for the offences under Sec. 143 and 307 IPC. On account of serious condition she was referred to SMS Hospital, Jaipur and on 10/3/2013 at about 2:20 A.M. she was admitted in SMS Hospital, Jaipur. Vide Ex.P-26, a request letter was issued by the SHO Police Station, Manpur to the Chief Judicial Magistrate, District Jaipur to depute a Judicial Magistrate to record statement of Geeta Devi. On this request, Additional Civil Judge (JD) and Judicial Magistrate No.3, Jaipur Metro was directed to record the statement according to law. Learned Magistrate on dtd. 10/3/2013 reached the burn ward of SMS Hospital, Jaipur. Before recording the statement, a certificate was taken from the duty doctor about fitness of mind and doctor certified that Geeta Devi is fit for giving her statement. Thereafter her statement (Ex.P-27) was recorded in question-answer form and was read over to her. She admitted the same as correct and thumb impression of her right hand was put on the statement.

(3.) Smt. Geeta Devi succumbed to the burn injuries in the hospital on 10/3/2013. On receiving of this information from the Hospital, Shri Surendra Singh (PW-11) conducted the inquest proceedings. On same day at 3:15 P.M. autopsy was conducted and it was opined by the medical expert that cause of death is shock brought about as a result of ante-mortem dry heat flame burn which is sufficient to cause death in ordinary course of nature.