STATE OF RAJASTHAN Vs. BADRI LAL

JUDGEMENT

(1.) This Criminal Appeal under Sec. 378 (3) and (1) of the Code of Criminal Procedure has been preferred by the appellant-State laying a challenge to the judgment of acquittal dtd. 23/3/1995 passed by the learned Additional District and Sessions Judge, Nimbahera in Sessions Case No. 13/94 (State of Rajasthan Vs. Badrilal and Ors.), whereby the accused-respondents were acquitted of the charges against them under Ss. 302 and 302/34 IPC.

(2.) The matter pertains to an incident which had occurred in the year 1993 and the present appeal has been pending since the year 1995.

(3.) Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that on 30/10/1993, Smt. Shakku Bai was admitted in Government Hospital at Nimbahera in a burnt condition. At around 7:30 AM, one Shri Satyanarayan, the then A.S.I., Police Station Nimbahera recorded her statement. In her statement, Smt. Shakku Bai W/o Badrilal, resident of Nimbahera initially claimed that she, of her own free will, poured kerosene and burnt herself. She cited the reason therefor that her mother-in-law Nani Bai, brother-in-law Kishan and other family members had severely beaten her. In the night at 11:00 PM, she was talking to a boy named Manoj, who worked at their place making sweets. Her mother-in-law witnessed this interaction and proceeded to beat her severely with a broom. At that time, her husband was also present on the spot. Following this, in the presence of her husband, Smt. Shakku Bai poured kerosene on herself and her husband lit the match from behind, thereby setting her on fire. As per the statement of Smt. Shakku Bai, she had not mentioned using the matchstick herself. She also revealed that two years prior, her husband had poured kerosene on her. According to the statement given by Smt. Shakku, the said act was committed by her husband, while saying that he had been threatened several times by her, that she would commit suicide, and thus, her husband set her on fire, while saying that he himself would burn Smt. Shakku, and lit the match and set her on fire. At that time, her father-in-law, brother-in-law, mother-in-law and other family members were present at the site. It was not known that the neighbors did not come at that time and she was beaten up from 11:00 PM to 5:00 AM, due to which, she got upset.