SUNDAR DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated the 18th December, 1981 of the Sessions Judge, Jodhpur, convicting and sentencing the appellant Sunder Das for the offence under Section 302 I. P. C. to imprisonment for life and to a fine of 2000/-, in default of payment of fine to six months' rigorous imprisonment and acquitting the accused respondent Navin Kumar of the offence under Sec. 302 read with Section 34 I. P. C. D. B. Criminal Appeal No. 57 of 1982 has been filed by accused Sunder Das against his conviction and sentence, while D. B. Criminal Appeal No. 436/82 has been filed by the State against the acquittal of Navin Kumar.

(2.) THE case relates to the incident which took place on November 14, 1980 at about 8 p. m. at the house of accused Sunderdas situated at V-B road, Sardarpura, Jodhpur. Rijjumal son of Jiwan Ram Sindhi died of burn injuries which he sustained during the aforesaid incident. THE prosecution case is that the burn injuries were caused by the accused Sunderdas. THE prosecution rests its case on two dying declarations of the deceased : (i) made before Shri Deen Mohd. , Sub-Inspector of Police in the hospital on November 15, 1980 at 11. 30 A. M. , and (ii) made before Shri Hanumana Ram, Judicial Magistrate, in the hospital at 7. 15 P. M. the same day i. e. November 15, 1980.

(3.) BY the judgment dated the 18th December, 1981 the Sessions Judge convicted and sentenced accused Sundardass for the offence under Section 302 I. P. C. to imprisonment for life and to a fine of Rs. 2000/- (in default of payment of fine to further rigorous imprisonment for six months ). After elaborately discussing the two dying declarations and considering the criticism levelled against them by the counsel for the accused the learned Sessions Judge found the two dying declarations acceptable and held that it was accused Sundardass who sprinkled kerosene and petrol on the body of Rijjumal and set fire to it. This caused extensive burns to Rijjumal which resulted in his death. The learned Sessions Judge, however, held that the prosecution has failed to establish that Navin Kumar was a party to the crime alongwith Sundardass He was, therefore, given the benefit of doubt and was acquitted of the offence charged against him. Aggrieved by the judgment of the Sessions Judge, accused Sundardass has filed D. B. Criminal appeal No. 57/82 against his conviction and sentence. The State has filed D. B. Criminal appeal No. 436/82 against the acquittal of Navin Kumar.