KALAWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kalawati was tried by the learned Addl. Sessions Judge, Nohar for offences under Section 302 and 302/34, I.P. C. Her mother Rookma and sister Kastoori were also tried with her for offences under Section 302 read with Section 34, I.P. C. Smt. Rookma died during course of trial on 25-6-1986. By his judgment dated 21-7-1986. the learned Addl. Sessions Judge acquitted Kastoori of charge under Section 302 read with Section 34, I.P.C. He also acquitted appellant Kalawati of charge under Section 302, I.P. C. but convicted her for offence under Section 302 read with Section 34. I.P.C. He sentenced the appellant with life imprisonment and also to pay a fine of Rs. 250.00 and in default thereof, to undergo R.I. for three months. Aggrieved, appellant Kalawati has filed this appeal.

(2.) In a nutshell, the prosecution story is that Smt. Roshni was resident of Amarpura. P.W. 3 Gugan Ram is her father, while P.W. 4 Kor Singh is her brother. Smt. Roshni was married some nine years prior to the occurrence with Keshu Ram resident of Karanpura. Accused Smt. Rookma was mother of Keshu Ram, while accused Kastoori and Kalawati are his sisters. Keshu Ram and Smt. Roshni had a peaceful marital life for about three years and Roshni also gave birth to a child. However, Roshni's mother-in-law Rookma and sisters-in-law Kastoori and Kalawati some how did not like her and after having lived for three years in the marital home, she was compelled to leave Karanpura. She eventually went to Amarpura and started residing with her father Gugan Ram and brother Kor Singh.

(3.) The prosecution story is that Roshni was second wife of Keshu Ram and Keshu Ram had earlier married some other lady. who had died leaving some children. Two daughters of first wife of Keshu Ram were to be married on 9-5-85 at Karanpura. In this connection Roshni came to Karanpura and started living with her husband, mother-in-law and sisters-in-law at their residential house at Karanpura. On 22-6-85 at about 4 a.m. Roshni went from her house to her 'bada' nearby with a view to put cow-dung. She was accompanied with her two sisters-in-law Kastoori and Kalawati. After they had done with the cow-dung, Rookma came there with a tin of Kerosine and poured kerosine on the body of Roshni. Kalawati lit a match stick and put her clothes on fire, with the result that she sustained serious burns.