STATE OF RAJASTHAN Vs. BHAGWATI DEVI

JUDGEMENT

(1.) The instant application has been preferred by the State of Rajasthan under Sec. 378(iii) of the Cr.P.C. seeking leave to file an appeal against the judgment dated 28.06.2014 passed by the learned Additional Sessions Judge (Women Atrocities Act Cases), Bhilwara in Sessions Case No. 49/2006 acquitting the respondent Bhagwati Devi from the charge under Sec. 304 -B of the IPC while convicting her for the offence under Sec. 498 -A IPC and extending the benefit of probation to her.

(2.) Facts in brief are that the complainant Banwari Lal Pareek submitted a written report (Ex. P/3) at the Police Station Shahpura on 27.03.2006 with the allegation that his sister Pinky was married to Durgesh son of Omprakash (resident of Shanti Nagar, Shahpura) on 16.01.2005. After the marriage, Durgesh and his family members were continuously treating his sister with cruelty, mental as well as physical, on account of demand of dowry. His sister, being a cultured Hindu lady, used to tolerate the ill behaviour meted out by her in -laws. On 17.03.2006, the complainant's mother and friend Rishpal Jat went to his sister's matrimonial home at Shahpura. Pinky cried in their presence and told them that her in -laws were demanding that she had to bring a sum of Rs. 1,00,000/ - from her paternals. She was threatened that if the demand was not met, then she would be killed. His mother pleaded with the in -laws that they were poor and could not arrange for this huge amount. Thereafter, she came back. On the very next day i.e. 18.03.2006, at about 09.00 am., Durgesh, his father Omprakash, his mother Bhagwati, sisters Nitu and Antima, caught hold of Pinky and set her to fire after pouring kerosene on her and locked her up in the bathroom. Thereafter, the husband, father -in -law and mother -in -law went out of the home. Two sisters of Durgesh were left behind, who raised a hue and cry on which, the neighbours came there and brought the victim out of the bathroom. She was taken to the hospital. The first informant claims to have received the information of the incident from some unknown person. He reached the Bhilwara Hospital from where, his sister was referred to the Sawai Man Singh Hospital, Jaipur. She passed away on 22.03.2006. Her body was subjected to postmortem at Jaipur. Thereafter, the report was submitted by Banwari Lal alleging that his sister was murdered as she failed to meet the demands made by the accused. On the basis of this report, an FIR No. 51/2006 was registered at the Police Station Shahpura for the offences under Ss. 498 -A and 304B IPC and investigation commenced.

(3.) It may be noted that after receiving the burns, Smt. Pinky was immediately taken to the Shahpura Hospital and then on to the M.G.H. Hospital, Bhilwara where her statement was recorded by Shri Ladu Lal Daroga (PW -18), the Head Constable posted at the Police Outpost, MGH Bhilwara, in presence of Dr. V.D. Sharma on 18.03.2006 at 02.50 pm. In such statement, Smt. Pinky stated that she was married to Durgesh on 16.01.2005. She was issueless. In the morning, she was washing clothes in the bathroom of her matrimonial home at Shahpura. The tube of the gas geyser burst due to which, she got burnt. Her sisters -in -law Savita @ Nitu and the neighbours Hariram Jangir and Ashish took her to the hospital for providing treatment. The investigating officer, while conducting the site inspection, noticed that a gas geyser was installed and a gas cylinder was also lying in the bathroom. The gas pipe for supplying gas to the geyser was severed. The floor and the walls of the bathroom were blackened by soot. After investigation, a charge -sheet was filed by the investigating officer against the respondent mother -in -law Smt. Bhagwati devi and the husband Durgesh. The case was committed and transferred to the Court of learned Additional Sessions Judge (Women Atrocities Cases), Udaipur for trial. The trial court framed charges against the husband Durgesh and the respondent mother -in -law Bhagwati Devi for the offences under Ss. 498 -A and 304B of the IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 32 witnesses in support of its case. The accused denied the allegations levelled against them by the prosecution witnesses. The trial court examined Dr. V.D. Sharma who recorded the statement (Ex. D/1) given by the deceased at the Government Hospital, Bhilwara as a court witness. The accused took a defence that the deceased was taking bath in the bathroom. A gas geyser was fixed in the bathroom. The pipe of the gas geyser got severed due to which, flames spread in the bathroom and the deceased caught fire as a result thereof.