MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Pouring of kerosene upon deceased Kesar Bai, by her father-in-law (Madan Lalappellant), and hen burning her, resulted in the death of Kesar Bai and for this Offence, the appellant has been convicted. He has been convicted under section 302 Penal Code by the Sessions Judge, Jhalawar, by his judgment dated 26.2.91 and sentenced to imprisonment for life and a fine of Rs. 100.00. Against his conviction and sentence the appellant has referred this appeal.

(2.) The incident out of which this case arises occurred on 13.7.1989. It was early morning, say about 5 a.m. when Kesar Bai was grinding flour and her husband and brother- in-law were away with the cattle. At that time, the appellant Madan Lal came to her and made an attempt to rape her but she resisted. Upon this, the appellant poured kerosene oil on her and lit her with the match box. She shouted and came out whereupon certain people collected there, including the Sarpanch Bhanwar Lal (PW-11), her husband Mangi Lal (PW-1) and brother-in-law also came there, she was taken to the hospital. While narrating the incident, she also stated that Madan Lal ran away from the back side of the house. After admitting Kesai Bai in the hospital, Bhanwar Lal (PW-11) lodged the FIR (EX.P.14) at Police Station Bakani.

(3.) The injuries found on the person of Kesar Bai were examined on 13.7.89, which are as under: