RAMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Ramanand was the accused on the fie of learned Additional Sessions Judge Neem Ka Thana District Sikar in Sessions case No. 62/2000. Learned Judge vide judgment dated December 19, 2001 convicted and sentenced the appellant as under:- U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 22,000/-, in default to further suffer two years simple imprisonment. U/s. 201 IPC: To suffer simple imprisonment for three years and fine of Rs. 3,000/-, in default to further suffer three months simple imprisonment. Substantive sentences were directed to run concurrently. Five co-accused persons, who were family members of the appellant, were however acquitted.

(2.) IT is the prosecution case that in the afternoon of September 21, 2000 Anita, who got married with the appellant some 10 years back, along with her daughter Ekta aged one and a half year were burnt to death in the residential house of the appellant. A written report (Ex. P. 2) was submitted at Police Station Patan by Rakesh Agrawal (PW. 2), brother of Anita, on September 22, 2000 at 6. 15 AM. Case under Section 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge Neem Ka Thana, District Sikar. Charges under Sections 498-A, 302/34 and 201 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 15 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. In defence no ocular evidence was produced but report Ex. D-1, lodged by appellant on September 21, 2000 at 9. 11 PM was placed on record. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) ON scanning the evidence we find that following salient features of the case need be noticed:- (i) Report (Ex. D-1) lodged by the appellant on September 21, 2000 at 9. 11 PM which reads as under:- *** (ii) It is established from the evidence of Nand Lal (PW. 1) that at the time of incident Anita and her daughter Ekta were alone in the house, the door of the room was bolted from inside and the neighbours broke open the door and found Anita and Ekta lying burnt. (iii) Although informant Rakesh Agrawal (PW. 2) disowned his statement under Section 161 Cr. P. C. and was declared hostile, yet he admitted that he lodged report (Ex. P. 2) at Police Station Patan and pout his signatures over the report. The written report handed over by Rakesh Agrawal reads as under:- *** (iv) The report appears to have been handed over to Sub Divisional Magistrate who directed the SHO to make enquiry and proceed against the culprits. (v) Another hostile witness Gopal (PW. 4) in his cross examination admitted that till Anita gave birth to female child, there was tension in her house.