BAKHTAWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19-6-1987, passed by the Sessions Judge, Pratabgarh, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 1,000.00 and in default of payment of fine further to undergo three months' rigorous imprisonment.

(2.) Appellant Bakhtawar Singh was tried by the learned Sessions Judge, Pratabgarh, for committing the murder of this wife Smt. Mohan Kanwar on the Deepawali day of the year 1982 by sprinkling kerosene oil on her and then litting the fire. The case of the prosecution is that on 15-11-1982, at about 8.00 p.m., the accused-appellant demanded money from his wife for liquor, which she refused to give and, therefore, Bakhtawar Singh sprinkled kerosene oil over her body and put her to fire. This incident was witnessed by PW 11 Lalit (aged about 4 to 5 years) - the son of the accused and the deceased. An alarm was raised by Smt. Mohan Kanwar which attracted the neighbours and the relatives of the deceased. Thereafter Kesar Singh who is the brother-in-law (Sadhu) of the accused, as well as Parwat Singh, were informed regarding the incident, who reached at the place of the occurrence and on enquiry from Lalit, it was revealed that the accused burnt his wife Smt. Mohan Kanwar. The report of the incident was thereafter lodged at Police Station, Nimbaheda. The prosecution, in support of its case, examined fifteen witnesses. The accused did not examine any witness in his defence. The case of the accused in defence is that it was a Deepawali night; he had gone to market to buy some house-hold goods etc. His wife was litting the earthen lamps (Deepaks) as it was the Deepawali night, which encatched the fire; when he returned to the house he tried to extinguish the fire and received burn-injuries. The learned Sessions Judge, after trial, convicted and sentenced the accused, as stated above. While convicting and sentencing the accused, the learned trial Court believed the statement of PW 14 Lalit, the eye-witness of the occurrence, and the statement of the other witnesses who came there after hearing the cries. The learned trial Court, also, believed certain other circumstances, namely, (i) the accused, immediately after the occurrence, neither raised any cries nor he called any person to extinguish the fire; (ii) he did not inform his mother-in-law, brother-in-law (Sadhu) etc.; (iii) he ran away after the occurrence; and (iv) admitted him in the hospital on 16-11-1982 but left the hospital on 17-11-1982. It is against this judgment dated 19-6-1987, convicting and sentencing the accused, as aforesaid, that the appellant has preferred this jail appeal.

(3.) The nature of the evidence produced by the prosecution consists of the statement of eye witness PW 14 Lalit - the son of the deceased and the accused, which is sought to be corroborated from the evidence of PW 1 Shanker Lal - the landlord, in whose house the deceased and the accused were living. PW 2 Kashi Ram, the shop-keeper, from whom the accused purchased the house-hold articles, PW 5 Shambhu Lal, who came at the place of the incident immediately after the occurrence, PW 7 Dr. Rajendra Kumar, the Medical Officer, Government Hospital, Nimbaheda, who medically examined and treated accused Bakhtawar Singh and, also performed the post-mortem on the dead-body of Smt. Mohan Kanwar, PW 12 Kesar Singh, the brother-in-law (Sadhu) of the accused, who lodged the F.I.R. and is, also, a witness to the various Memos, PW 13 Parbat Singh, the brother-in-law of the accused, who was called from the factory by his mother and PW 15 Jamna Kanwar, the mother of the deceased, who came at the scene of the occurrence immediately after the incident. PW 6 Rang Lal is a Motbir witness to the arrest of the accused, PW 10 Kanhaiya Lal is a Motbir witness to the recovery of the Paijeb and PW 8 Mr. Rajendra Prasad Odichiya was the Munsif and Judicial Magistrate, who held the identification of the Paijeb. PW 9 Prem Singh was the Deputy Superin tendent of Police (Circle Officer), who arrested the accused and made recovery of the Paijeb. PW 11 Murli Manohar was the Station House Officer, Police Station, Nimbaheda, who conducted the investiga tion.