STATE OF RAJASTHAN Vs. LICHMA DEVI

JUDGEMENT

(1.) WE are required to consider this appeal filed by the State of Rajasthan, against the acquittal of Smt. Lichmadevi, mother -in -law of deceased Pushpa, in what is alleged to be a most heinous, barbaric, cruel and gruesome murder by pouring kerosene oil and lighting fire on her; and locking her in the kitchen from outside by Smt. Lichmadevi, her mother -in -law, after ill -treatment on account of non -fulfillment of her expectations of dowry.

(2.) THE trial court has come, to the conclusion that undoubtedly Pushpa died on account of burns sustained by her which were caused by homicidal act of putting kerosene oil on the body and lighting fire, which constitutes an offence under Section 302, IPC. However, while fixing liability for responsibility of this offence, the trial court was of the opinion that basing conviction on the dying declarations, would not be safe, and further that the evidence of the neighbours cannot be said to be wholly reliable.

(3.) PUSHPA was daughter of Sitaram PW 9. She was married to Jagdish Prasad son of Smt. Lichmadevi. The relations in between Smt. Lichmadevi and Pushpa had become strained on account of alleged dowry -affair. Pushpa used to be harassed by her mother -in -law before she left her husband house and went to her father's house where she was staying with her father Sitaram. Only 4 -5 days before this unfortunate incident When she is alleged to have been burnt to death, she came from her father's house to her father -in -law's house. On 29th Jan., 1977, at about 4 -5 p.m. Pushpa was cleaning utensils on the roof of the house. Accused -Lichmadevi then lifted one 'Bagouha' (pan) and stuck it on the head of Pushpa (deceased). The accused is also alleged to have said that she was feeling like burning her alive after pouring kerosene oil on her.