STATE OF RAJASTHAN Vs. SHANTI

JUDGEMENT

(1.) This Appeal is directed against the Judgment dated 2.12.1996, passed by Additional Sessions Judge, Nagaur (for short 'the Trial Court' hereinafter) in Sessions Case No. 48/1995, whereby the Trial Court has acquitted the accused-respondent from the offence punishable under Sections 302, 201 and 498-A I.P.C.

(2.) Briefly stated the facts of the case are that on 28.8.1995, PW-14-Bhanwar Lal-Sub-Inspector, Police Station Kotwali, Nagaur had received an information from Medical Jurist, Government Hospital, Nagaur to the effect that a woman in burnt state was admitted in the hospital and there is a lot of crowd assembled, therefore, he should immediately reach the hospital. On receiving the said information, PW-14-Bhanwar Lal reached the Government Hospital, Nagaur and recorded the statement of Smt. Shanti W/o Chhagan Lal, resident of Naya Darwaza, Nagaur vide Ex. P-14. In her statement, Smt. Shanti had stated that she got married to Chhagan Lal seven years ago and today i.e. 28.8.1995 when she was sleeping in the courtyard at 5.30 P.M., her mother-in-law put her on fire by pouring kerosene on her. It is stated that at that time she was laying but not sleeping and nobody burnt her except her mother-in-law. She further stated that at that time, except her mother-in-law, nobody else was there in the house. She also stated that except her mother-in-law, nobody used to quarrel with her. Lastly, it was stated that PW-3-Ram Kumar do used the fire and brought her to the hospital. The time for recording the said statement is mentioned as 6.45 P.M. on 28.8.1995. Thereafter, the statement of Smt. Shashi were recorded by the Judicial Magistrate Nagaur vide Ex. P-16 at 7.30 P.M.

(3.) Police Station, Kotwali, Nagaur registered the F.I.R. No. 321/1995 for the offences punishable under Sections 498-A and 307 I.P.C. against the accused- respondent and she was arrested on the same day vide Ex. P-18 at about 11.00 P.M. Later on Smt. Shashi was referred to Jodhpur where during treatment she died on 5.9.1995. The police after completion of investigation has filed charge-sheet against the accused-respondent for the offence punishable under Sections 302, 201 and 498-A I.P.C.