DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. appeal has been filed under Section 374 Cr.P.C. by the appellant Devi Lal @ Deep Chand to challenge the judgment dated 26.4.2006 passed by the Sessions Judge, Pratapgarh in Sessions Case No. 164/2005 whereby the said court convicted the accused appellant for the offence under Section 302 IPC and imposed punishment of life imprisonment with fine of Rs. 5,000/ - and in default of payment of fine to further undergo 6 months RI.

(2.) AS per the facts of the case on 17.10.2005 at 3.20 pm the complainant Pappu Choudhary (PW -13) lodged written report at police Station Arnod alleging therein that today at about 1.30 when he was in his shop situated at village Mowai, his aunt Debubai came and informed that a telephone call of the mother of Suresh Choudhary is received from Narwali and it is said by her that husband of her daughter Devi Lal has lit fire upon the body of her daughter Guddi Bai after pouring kerosene. Upon receiving such information, the complainant, his uncle Unkar, heera Lal, Radheshyam Luhar, Debubai, mother Mohan Bai went village Narwali in jeep and saw that Guddi Bai was lying in the house in burnt condition, therefore, Guddi Bai was admitted to the hospital. As per facts stated in the FIR the marriage of Guddi Bai was solemnized with appellant 17 -18 years back and out of said wedlock 2 sons and one daughter was born. After marriage Devi Lal used to beat his daughter Guddi Bai and harassing like anything and now he has killed her. Upon aforesaid information, FIR No. 259/2005 was registered under Section 307 IPC by the SHO, Police Station, Arnod, District Chittorgarh. During the course of treatment, Guddi Bai died, therefore, offence under Section 302 IPC was added. The SHO, Police Station, Arnod conducted thorough investigation and in the investigation the medical jurist was given letter to know condition of Guddi Bai for recording her statement, but the doctor gave its opinion that she is not in a position to even speak. After the death in the hospital, the post mortem was conducted by PW -12 Dr. Hitesh Joshi and after that the body was handed over to the family members for cremation. In the investigation, site plan (Ex. P/3) was prepared and vide Ex. P/4 the mud from the site having kerosene and sample of mud were taken and vide Ex. P/5 one container of kerosene oil was seized. Vide Ex. P/6 the burnt skin of deceased was taken from the place of occurrence. Likewise vide Ex. P/7 the pieces of Rajai were recovered from the place of occurrence and after usual investigation and obtaining post mortem report and injury report, the statements of prosecution witnesses were recorded under Section 161 Cr.P.C. After completion of investigation challan was filed in the court of Civil Judge (JD) -cum -Judicial Magistrate, First Class, Pratapgarh. The said court committed the case to the Sessions Court for trial.

(3.) IN support of prosecution case, the statements of 22 witnesses were recorded in the trial and 55 documents were exhibited.