RAMESH @ MAHESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 16. 1998 passed by learned Sessions Judge, Jhunjhunu whereby appellant Ramesh @ Mahesh has been convicted and sentenced to undergo imprisonment for life and a fine of Rs. 1,000, in default of payment of fine to further suffer rigorous imprisonment, for one year under Sec. 302 Penal Code and to undergo rigorous imprisonment for three years and a fine of Rs. 1,000.00 in default of payment of fine to further suffer rigorous imprisonment for six months under Sec. 363 IPC. Both the substantive sentences were........... concurrently.

(2.) The brief facts of prosecution case and that on receiving written information Ex.P20 from Medical Officer Incharge, Govt. Hospital, Nawalgarh at 5.30 a.m. on May 31, 1996 to the effect that Smt. Kamli @ Kamlesh W/o Malaram, aged 30 years, by caste-Swami, R/o Nawalgarh has been admitted in the hospital in burnt condition at 4.30 a.m., PW14 Moolchand, ASI, RS. Nawalgarh reached the hospital and recorded 'Parcha-Bayan' Ex.P9 of Smt. Kamli at 6.00 a.m. wherein she stated that in the night (intervening night of 30th and 31st May, 1996) at 2.00 a.m. her neighbour Ramesh came at her house and lifted her son aged 12 months. When she chased Ramesh he poured kerosine on her back and set her on fire. Thereafter she ran out of her house. Her Jethani Parma extinguished the fire and took her into the house. Her clothes and entire body were burnt and her condition is serious. It was also stated by Kamli in Ex.P9 that she had advanced loan to Ramesh. On account of demand made by her to make payment of loan, Ramesh had come to her house. On the basis of 'Parcha-Bayan' Ex.R9, a case under Sec. 307 Penal Code was registered at PS. Nawalgarh at 8.30 a.m. on 31.5.96. The formal FIR is Ex.P16. As per the prosecution story, at the request of SHO, P.S. Nawalgarh, the dying declaration Ex.P4 was also recorded by PW8 Bhuraram, Sub Tehsiidar and Executive Magistrate, Nawalgarh in Govt. Hospital, Nawalgarh at 7.00 a.m. on 31.5.96 wherein the same facts were narrated by Smt. Kamli. At about 8.30 a.m. Smt. Kamli succumbed to her injuries. Thereafter at 11.30 a.m. post-mortem examination on the dead body of the deceased was conducted by PW 13 Dr. Devendra Singh Chaudhary and he prepared post-mortem report Ex.P.12. Dr. Chaudhary found that 95-100% of the body of the deceased was burnt which resulted in her death Thereafter the SHO, P.S. Nawalgarh converted the case under Sec. 302 Penal Code and investigation commenced. He reached on the spot and prepared Site Plan Ex.P1. Panchnama Ex.P10 of the dead body was prepared. Clothes of the deceased were seized and the Investigating Officer prepared Seizure Memo Ex.P2. The witnesses were examined under Sec. 161 Crimial P.C. Appellant Ramesh @ Mahesh was arrested on June 5, 1996 vide Arrest Memo Ex.P6. He was medically examined by PW15 Dr. Girish Chand Gupta, Medical Officer, Govt. Hospital, Nawalgarh on the same day and he prepared Injury Report Ex.P13. Six injuries were found on the person of the appellant. After completing the investigation, the chargesheet was laid against the appellant in the Court of Additional Chief Judicial Magistrate, Nawalgarh, who committed the case to the Court of learned Sessions Judge, Jhunjhunu for trial. Learned Sessions Judge framed charges under Sections 302 and 363 of the Indian Penal Code against the appellant, who denied the charges and claimed trial. To prove these charges, the prosecution examined as many as 18 witnesses. In his explanation under Sec. 313 Crimial P.C. the appellant pleaded innocence. In defence DW1 Smt. Laxmi and DW2 Fateh Mohammad were examined.

(3.) Learned Sessions Judge after hearing the final submissions, convicted and sentenced the appellant as indicated here-in-above.