VIJAI KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Vijay Kumar was convicted under Section 302, IPC and sentenced to imprisonment for life by the learned Sessions, Judge, Churu by his judgment dated August 29, 1980 He has come -up in appeal to challenge his conviction. It. is a case of grim and pathetic tragedy where an innocent teen -age wife was burnt to death by her hot -headed husband.

(2.) BRIEFLY stated, the prosecution case is that Smt. Manju D/o PW 1 Kundan Mal Sunar of Sardarsahar was married with the accused only 8/9 months before the incident (November 8, 1979). After the marriage, she came twice to her husband's house at Sujangarh and lived with him for a few days. While she was living with her parents at Sardarsahar, the accused went there on Deepawali day of the year 1979 to bring her to his house. Kundanmal(PW 1) told the accused that since it was the day of Deepawali festival he should stay for a day or two and that he would send Smt. Manju with him thereafter. The accused got irked and did not stay with his -in -laws. He stayed with his maternal -uncle. After two days, the accused went to the house of Kundanmal begged to be excused for his impertenance and entreated to send Smt. Manju with him. Kundanmal then sent Smt. Manju with him. The couple came to Sujangarh. Since there was shortage of accommodation in the joint -family house, the husband took a room on rent from Bhanwar Lal Mali and the couple started living therein. No separate messing was there in that room. It was used only as a bed -room by the couple. They used to take their meals with the accused's parents, whose house was situated not far away from this room.

(3.) THE injury report prepared by him is Ex.P. 12. The doctor informed the police constable Shyam Lal (PW 4), who was there in the hospital that a girl with burn scars was admitted in the hospital for treatment. The police constable Shyam Lal immediately went to the police station and accordingly informed the Station House Officer Dharam Singh (PW 8). Entry Ex. P. 14 was made in the Rojanmcha of the police station. The SHO Dharam Singh accompanied with Assistant Sub -Inspector Sadiq Mohammed went to the hospital. The SHO asked Dr. Sharma (PW 5) by his requisition Ex.P.7 whether Smt. Manju was in a fit condition to give statement or not ? Dr. Sharma thereupon gave a certificate in writing on Ex. P 7 that she was fully conscious and was in a fit condition to give the statement. The SHO recorded the statement of Smt. Manju in the presence of Dr. Sharma. This statement is Ex. P:5. Dr. Sharma certified that the statement recorded in Ex. P. 5 was given by Smt. Manju in his presence. The police treated Ex. P. 5 as the First Information Report and registered case under Section 307, IPC. The Investigating Officer visited the room on that very day. From there, he recovered one tin half of which was full with kerosene oil. Some match -sticks were found on the floor of the room. The match -box was also found there. Some burnt pieces of clothes were lying scattered on the floor of the room. He also found a quilt on the cot containing a burn -hole. The quilt was emitting the smell of kerosene oil. The SHO seized all these articles and prepared the site plan -Ex. P. 3 and site memo Ex. P. 3A. The seizure memo of the articles was also prepared, which is Ex. P. 4. On November 9, 1979, the accused was arrested. Despite treatment Smt. Manju did not survive and passed away in the hospital at about 7.30 a.m. on November 11, 1979. The police added Section 302, IPC during investigation. The SHO went to the hospital, and prepared the inquest report of the victim's dead body. The post -mortem examination of the victim's dead body was conducted by PW 9 Dr. G.S. Agrawal. He noticed the following injuries on the victim's dead body: Burns all over the body as shown in diagram on back page. Vesicles and rooty blackening of skin present over the burnt area. Walls ribs and cartilages -burns of skins as mentioned. Pleurae - -congested; Laryn and trachea -congested; Right lung -congesetd; Left lung -congested; Perica -rediutn -congested; Heart -congested; Large vessels -congested contas dark blood. Abdomen: Walls -burns as mentioned; Peritoneum -congested; Small intestines and their contents -congested -empty; Large intestines and their content -congested, empty; Liver -congested; Spleen -congested; Kidneys -congested; Bladder -congested; Empty