STATE OF RAJASTHAN Vs. SHARDA

JUDGEMENT

(1.) In this Cr. appeal filed by the State of Rajasthan, the judgment dated 8th December, 1994 passed by the Addl. Sessions Judge, Bikaner in Sessions Case No. 7/1992 is under challenge, whereby the learned trial Court acquitted the respondents from the charge under Section 302 I.P.C.

(2.) Before proceeding further, it is necessary to observe that out of the two respondents, respondent Sushila wife of Kiranchand died during the pendency of this appeal on 19th April, 2006. The appeal against respondent Sushila abated vide order dated 13th February. 2007, therefore, now this appeal remained only against respondent Sharda.

(3.) As per facts, on 27th December, 1990 an information was received at Police Station, Gangasahar from medical jurist Mr. RN. Mathur of PBM Hospital, Bikaner informing therein that one Sushila wife of Anand Kumar has been admitted in the ward in burnt condition. Upon aforesaid telephonic information, the ASI Phool Nath went to the PBM Hospital, Bikaner along with Jeevraj Singh at about 8.00 P.M. The ASI Phool Nath recorded the statement of deceased Sushila, in which the deceased Sushi a alleged that today on 27th September, 1990 at about 9-9.30 AM a hot talk took place in between me and my sisters-in-law (Nanad) and other sister-in-law Jethani) Sharda. Thereafter, when I was sitting on floor of open place (Angan), at that time, my sister-in-law (Nanad) Sushila and other Sister-in-law (Jethani) Sharda came there and both respondents poured kerosene oil upon me and Sharda lit fire. It is also stated that my marriage was solemnized 7 years back and I am having 3 daughters. At the place of occurrence, upon hearing her cry, the husband of deceased and both the respondents poured water to stop fire and my husband immediately took me to the hospital in taxi. As per allegation of deceased Sushila, the incident took place after hot conversation in between her and both the respondents, therefore, it was prayed by her that action may be taken against Sharda and Sushila. The statement of deceased was also recorded by PW-7 Nemi Chand, Judicial Magistrate in which above allegations were reiterated and statement of deceased was also recorded under Section 161 Criminal Procedure Code by Kalyan Singh, SHO Police Station, Gangasahar, which is Ex.D/7.