PEMA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (2) Crimial P.C. the appellants are challenging judgment dated 23.2.2013 passed by the learned Addl. Sessions Judge, Sujangarh, District Churu in Sessions Case No. 2/2009 whereby learned Trial Court convicted the accused appellants for offence under Sec. 302/34 I.P.C. and passed sentence,of life imprisonment with fine of Rs. 5,000.00 and in default of payment of fine to further undergo six months Rl.

(2.) The brief facts of the case are that on 20.10.2008 Smt. Santosh wife of Pema Ram (accused appellant) gave her statement (Ex.P-1) to the SHO Police Station Sandwa at 10.30 am in the burn unit of PBM Hospital, Bikaner in which it is stated by her that she got married with accused appellant Pema Ram 13 years back and her mother-in-law and father-in-law both died within one year from marriage and her husband is youngest son of her father-in-law late Parasdas out of his 7 sons. It is stated by Smt. Santosh that her husband is working in the RAC as Constable and at the time of marriage he was posted at Tonk where he was living alone. After the marriage, till her father-in-law alive she lived in the village, but after death of her father-in-law she went to Tonk and lived with her husband for 5-6 months. According to the allegation made by the deceased Smt. Santosh, the accused appellant Pema Ram usually consuming liquor and giving beatings to her, therefore, for the said reason, she came back to the village and lived in the house of her in-laws. All the brothers of her husband were living separately but till 2004 her husband usually come to the village Girwarsar from Tonk and regularly consuming liquor and assaulting her. It is also alleged that as and when demand was made by her for domestic expenses, not a single penny was given by him and he was asking that your parents did not give anything to me, therefore, asked your parents to give money. Due to the said attitude, she reported everything to her brothers and father and regularly demanded money for regular domestic expenses of house. The deceased Smt. Santosh further stated that only for the peace and need of the family she did not take any action against her husband and suffered regular beatings of her husband. In the year 2004 her brothers managed transfer of her husband from Tonk to Bikaner where she went to live with her husband. At Bikaner she lived for two and half years with her husband but during that period also her husband used to consume liquor and gave beatings to her, therefore, she again come back to the village Girwarsar. According to Smt. Santosh she was having 3 daughters Priyanka, Moni and Ashoka but as and when her husband comes from Bikaner regularly consuming liquor and assaulting her. The elder brothers of her husband Shreeram and Surjadas and son of elder brother Babu Lal insisted him for her.It is alleged that on 11.10.2008 at about 10.30 am my husband Pema Ram was in the house, Babu Das S/o elder brother of her husband came with liquor and sit along with my husband in the house and take liquor. The accused Babu Das said to her husband that your wife is bad, why you are not killing her upon insisting my husband called me in the open space of house abuse like anything. According to the allegation of Smt. Santosh Babu Das catch hold her hairs and her husband poured kerosene upon her lying in the plastic cane and pushed her on stove (Chhulha) where food is being prepared. Due to pushing she fell down and her cloth were burned due to kerosene poured upon her. Upon crying Babu Das run away from the place of occurrence and one Gopal Master, Mooldas and Sumitra immediately came on spot. Mooldas entered in the house after jumping from the wall because door was closed from inside and all the three persons rescued her. So many villagers also came on spot and taken her to the hospital at Bikaner in the jeep but she is not knowing who has brought her in the hospital for treatment. It is further alleged that my husband and Babu Das, son of the husband's brother poured kerosene upon my body and made attempt to commit offence of murder and the elder brother of her husband Shreeram and Surjadas also insisted her husband to beat her regularly, therefore, action may be taken against them.

(3.) Upon aforesaid statement (Ex.P-11) recorded by SHO, Police Station, Sandwa at PBM Hospital, Bikaner F.I.R. No. 108 dated 20.10.2008 was registered under Sections 498A and 307/34 I.P.C. against four persons namely Pema Ram, husband of the deceased, Shreeram, Surjadas and Babu Das.