LALITA & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein Lalita and Sarti along with two others namely Raja Ram son of appellant No. 2 Sarti and Chandra Prakash husband of appellant No. 1 Lalita had been charged for the offences under Sec. 302 and Sec. 498A read with Sec. 120-B of the Indian Penal Code and were tried by the Addl. Sessions Judge, Alwar for the aforesaid offences, who was pleased to acquit Raja Ram and Chandra Prakash of all the charges but was pleased to convict the two ladies -Appellants herein under Sec. 302, Penal Code and sentenced them to undergo Imprisonment for life along with a fine of Rs. 1,000.00 and in default of payment of fine to undergo further three months rigorous imprisonment. The appellants being aggrieved with the judgment and order of the Addl. Sessions Judge No. 2, Alwar have preferred this appeal for setting aside the impugned judgment and order of conviction and sentence.

(2.) Before stating the prosecution case in its entirety it may be relevant to state that a young lady named Shashi Gupta, who died along with her daughter Shaloo, aged one year after sustaining severe burn injuries was related to the appellant No. 1 Smt. Lalita as sister-in-law since her husband Chandra Prakash and Raja Ram-husband of the deceased are full brothers. Appellant No. 2 Sarti is the mother-in-law of the deceased. As already indicated herein above, the husband of the deceased Raja Ram and his brother Chandra Prakash i.e. brother-in-law of the deceased have been acquitted of all the charges levelled against them.

(3.) The story of the prosecution originated when one Shri Phool Chand Gupta son of Chhotelal Gupta lodged a report on 27.3.1993 at 1 a.m. with regard to an Incident alleged to have taken place in the intervening night of 26th and 27th March, 1993 stating therein that the informant Phool Chand's daughter Shashi Gupta had been married to Raja Ram-Son of Ramjilal Gupta three years back. Raja Rams father Shri Ram Gupta had built a house at Joda, Alwar where his two sons Raja Ram and his brother Chandra Prakash had been living along with their families, Shashi, wife of Raja Ram had given birth to a daughter an year before and ever since the daughter was born, her mother-in-law Sarti (appellant herein), her husband Raja Ram, brother-in-law Chandra Prakash and his wife Lalita (appellant herein) continuously taunted her for giving birth to a daughter and they told her that she should have given birth to a son. The report further states whenever Shashi came to her fathers place she complained that persons in her in-laws house spoke sarcastically for giving birth to a daughter. On 26.3.1993 at 10 p.m. In the night, Raja Ram son-in-law of the informant along with another person, who was not known to the informant came to his house and told him that his daughter Shashi had been taken ill and was suffering from diarrhoea and vomiting and he should reach his place Immediately. On receiving this information he along with nephew Narendra reached Joda, Alwar, where they found that his daughter Shashi was lying burnt on a mat and his grand daughter Shako also had been lying in a burnt condition. Raja Ram, the husband of the deceased along with his brother Chandra Prakash, his wife Lalita and mother-in-law Sarti were present there, from whom the informant enquired as to how all the incident happened. But they did not disclose anything. After that, he brought a tempo (autoriskshaw) and carried Shashi in the burnt condition to the Government Hospital, where they were admitted for treatment. The report further states that the informants grand daughter was already dead and his daughter Shashi was lying in a serious condition. He further categorically stated in the written report that he suspects that members of the family of Shashis in-laws harassed her and killed her after sprinkling oil on her. He further stated that on the same day Shashi had quarrelled with them during the day time. He also stated that Shashi was aged 23-24 years and was educated upto IXth class.