SANTRA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Santra Devi with her son Prakash who is absconding, as per prosecution version is said to have set on fire her daughter-in-law Kamlesh in Alwar on 17. 03. 1999 at 10. 00 a. m. Pursuant to trial held against her, the learned Additional Sessions Judge (Fast Track), Alwar held her guilty for offence under Section 302 IPC and convicted and sentenced her to undergo rigorous imprisonment for life as also to pay fine of Rs. 2000/- and in default of payment of fine, to further undergo six months rigorous imprisonment. It is against this order of conviction and sentence, that the present appeal has been filed.

(2.) WHEREAS occurrence leading to death of Smt. Kamlesh had taken place at 10. 00 a. m. on 17. 3. 1999 FIR (Ex. P. 2) came to be recorded on the statement made by Smt. Kamlesh herself on the same day at 11. 15 a. m. The same was recorded by P. W. 17 Sardar Singh, SHO. This statement of Smt. Kamlesh is stated to have been made in the Hospital where she was being treated for burn injuries sustained by her in presence of the Doctor. Smt. Kamlesh ultimately succumbed to the burn injuries sustained by her on 26. 3. 1999. The Special Report with regard to incident has since already been sent to the concerned Magistrate on 18. 3. 1999.

(3.) WHEN examined under Section 313 Cr. P. C. the appellant besides denying incriminating material put to her further stated that she is Class IV employee in a School and at the time of occurrence, she had gone to School at 10. 30 a. m. She led evidence in defence. Since, nothing based upon defence evidence led by appellant has been argued before us there is no need to make a detailed reference of the statements made by the defence witnesses. Suffice it however, to mention that D. W. 1 Shri Yogesh Sharma brought the record from the School to show presence of the appellant in the school on the date of occurrence. D. W. 2 Suresh Sikandar the rickshaw puller stated that he had carried the appellant to the school on the said day. Dr. Raj Kumar D. W. 4 stated with regard to condition of a person who might have received 90% burn injuries.