SHRAVAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant Appeal has been filed by the accused appellants against the judgment of conviction and sentence passed by Additional Sessions Judge Kishangarh (Ajmer), in Cr. Case No. 26/98 titled as `state vs. Shravan Ram and another' whereby both the accused appellants have been convicted under Section 302 IPC and sentenced for life imprisonment and to pay a fine of Rs. 500/- each, in default to further undergo six months rigorous imprisonment.

(2.) AS per the prosecution story, on the basis of Parcha Bayan Ex. P. 14-A dated 11. 9. 1998 of Smt. Guddi, (since deceased) an F. I. R. No. 300/98 was registered on the same date i. e. 11. 9. 1998 at Police Station Madanganj (Ajmer), for offence under Section 307 I. P. C. against an unknown person. In Parchaya Bayan, it was stated that on the date of occurrence i. e. 11. 9. 98 at about 4-5 a. m. the deceased went out of her house for easing. Suddenly a person wearing white pent and shirt, came to the said place and poured kerosene and set fire by enlightening match stick which inflamed her clothes, as a result of which she fell in the `nala'. Thereafter she reached her house and narrated the incident to her family members, who took her to the hospital. In the Parcha Bayan, it was specifically stated by her that she could not recognize the person who set fire. Smt. Guddi died due to 99 per cent burn injuries in the hospital at about 10 a. m. on the same day, therefore, the case was converted into Section 302 IPC.

(3.) AFTER hearing both the parties and considering the evidence on record, the Additional Sessions Judge, Kishangarh, Ajmer, vide judgment dated 16. 2. 2001 convicted and sentenced the accused appellants as indicated above on the basis of oral dying declaration made before Prem Chand and circumstantial evidence; that the deceased Smt. Guddi was residing with the accused appellants and was burnt while she went out of her house to ease and custody of accused appellants will not be ceased for the said reason and no explanation of their conduct was given in their statements recorded under Section 313 Cr. P. C. The trial Judge further considered the statement of PW. 3 Prem Chand who has been declared hostile and has stated in Ex. P. 6 i. e. the statement under Section 161 Cr. P. C. before the Police that deceased was raising hue and cry after the burn injury and was abusing accused Shravan Ram, her father-in-law and the another part of the said statement under Section 161 Cr. P. C. that father-in-law be ruined completely and the neighbors were also saying so and the same was considered as dying declaration and not the Parcha Bayan of the deceased.