BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 28-9-87 delivered by Sessions Judge, Jalore in sessions case No. 13/87 convicting the appellant accused under Section 302 I.P.C. and sentencing him to imprisonment for life and to pay a fine of Rs. 5,000.00 in default further to undergo 2 years rigorous imprisonment.

(2.) The prosecution case is that the accused killed his wife Sushila and daughter aged about 2 years by putting them on fire on 2/01/1987 at about 7 p.m. in village Mandwala in Jalore Dist. The first information report was lodged by the father of the deceased Sushila in which he stated that he has definite doubt that Sushila and her daughter Ritu have been killed by her husband Babulal and his mother and sister. However, there is no statement in the F.I.R. regarding any curelty to the wife by Babulal. The only complaint is that there was skirmish between Sushila and her mother-in-law and sisterin-law. There is no complaint that Sushila was tortured for getting further dowry from her father. On the basis of this report, investigation was completed and the accused was charge-sheeted on 28-3-1987 for committing murder of his wife and daughter. The accused denied commission of any offence and claimed to be tried. There are no eye witnesses to the incident in this case and the entire case is based on circumstantial evidence.

(3.) Briefly, facts of the case are that on the date of incident, deceased Sushila was in happy mood as there was birth of male child in the family of her near relation, therefore, she was distributing the sweets on the happy occasion in the evening at about 6 O' clock. It is then claimed on he basis of evidence of one witness that the accused snatched his daughter from his wife, fell her on the ground and dragged her inside the house, at the time, Sushila was crying and following them. After a few minutes, there was a fire and Sushila and her daughter have been killed. The prosecution, therefore, claimed that the death was intentionally caused by the accused and, therefore, he is liable to be punished.