MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Convicted for the alleged murder of his wife, Smt. Bhawana, and sentenced to life imprisonment for offence under Section 302 IPC, and imposed with a fine of Rs. 1000/-, and further directed to undergo six months of rigorous imprisonment in default by judgment dated 17th July, 2014 passed by Sessions Judge, Jaipur Distt. Jaipur, the appellant, Mohan Lal has approached this Court. The appellant has sent a jail appeal to this Court; this Court has appointed Mr. Rohan Jain as amicus curiae.

(2.) Briefly the facts of the case are that on 02.10.2003, the R.F.C. Center, Amer had received a telephonic call from the Police Control Room that two persons namely, Mohan Lal and Smt. Bhawana have been admitted to the Burn Ward at The S.M.S. Hospital, Jaipur. Therefore, they should send a police personnel for further formalities. Consequently, Ram Singh, Head Constable was sent to the S.M.S. Hospital. This fact was noticed in the Rojnamacha. According to the prosecution, subsequently, Kishanlal (P.W.12), Sub-Inspector went to the hospital on 3.10.2003 at 6.45 P.M. and recorded the statement (Ex.P/17) of Smt. Bhawana. In her statement, Smt. Bhawana claimed that eight years ago she was married to Mohan Lal. Her parental house is situated at Plot NO.193/141, Agarwal Farm, Mansarovar, Jaipur. Since both the parental and matrimonial homes were in the same city, she used to visit both the places. About four to five years ago, she lost both her in-laws. Thereafter, she and her husband were living in a rented house at Govind Nagar. She further claimed that from the very beginning, her husband used to fight with her, and was basically unemployed. Once in a while, he would work at the tea hotel of his brother, Harish. She further claimed that her husband used to drink liquor; under the influence of liquor, he used to physically assault her. In those moments, it is the neighbours who would rescue her. About four or five months ago, they had shifted to Naradpura and were living in a rented accommodation. Even there, her husband used to physically assault her as he suspected her character. Whenever she put bindi on her forehead, her husband would not only sarcastically ask her for whom she was putting on make-up, but would also beat her up. He also used to say that he suspects that she has extra-marital affairs with others. She further claimed that on 2.10.2003 in the afternoon, she was cooking. At that time, her husband was also in the house. Her husband came to her and wanted to have physical relationship with her. However, as she was observing the Navratra fasting, she declined to have any physical relationship with him. Thereupon, the husband started beating her, and threatened that he would kill her. According to her, the husband poured kerosene from the stove and lit a match. He ran out bolting the doors from outside. When she shouted, he opened the door. He tried to save her and douse the fire and change her clothes. Her husband called his elder brother and elder sister-in -law, but they did not came. Their younger brother-in-law and his wife, Neelam brought both her and her husband to the hospital. On the way, her husband told her to say that she had caught fire while making tea. He asked her not to reveal his name. According to her, both she and her husband are admitted in the hospital, and are under treatment. She also claimed that she does not have any children.

(3.) On the basis of this statement (Ex.P/17), a formal FIR, namely FIR No.297/2003 (Ex.P/19) was chalked out for offences under Sections 323 and 307 IPC and the investigation commenced. During the investigation, on 13.10.2003 at about 2.A.M., Smt. Bhawana succumbed to her burns. Therefore, the offence under Section 302 IPC was added. Subsequently, the appellant was charged for offence under Section 302 IPC and put up for trial.