JAINI KAYAMKHANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been, directed against the judgment dated 16.11.94 passed by the learned Sessions Judge, Jhunjhunu, whereby he convicted the appellant for offences under Sections 302 and 498A, IPC and sentenced her to undergo life imprisonment on the first count and to suffer rigorous imprisonment for two years and a fine of Rs. 1,000/ -in default of payment of fine, to further undergo imprisonment for three months on the second count. He also directed that both the substantive sentences shall run concurrently.

(2.) BRIEFLY , the prosecution case is that deceased Smt. Raisa aged 18 years resident of Sikar was married to PW 11 Idris r/o Jhunjhunu about 3 years prior to the ill -fated incident, which occurred at about 430 fun. on 31.3.94 at her husband's house, it is alleged that just two days prior to the incident, PW 3 Sugra mother of the deceased had come to Jhunjhunu and left the latter at her in -law's house. It is alleged that at the time of the incident fee deceased engulfed in flames, came running out of her house. PW 9 Sarfu and other neighbours threw sand on her in order to put off the fire. Pieces of her burnt apparels were also removed. Smt. Raisa was immediately taken to B.D.K. Government Hospital, Jhunjhunu, where at 5.45 p.nu she was admitted as an indoor patient. PW 12 Dr. S.K. Chhabra, prepared her out -door patient ticket Ex. P 3 and in -door patient ticket Ex. P 4 and gave treatment to her. At that time, her pulse and blood presure were not recordable and due to extensive burns including mouth bums she was unable to speak. However, she was fully conscious. The attendants who had brought Smt. Raisa to the hospital informed the said doctor that the latter while cooking inside the hut, had caught fire. Smell of kerosene was present on her appards.

(3.) ON the basis of 'Parcha Bayan' Ex. P 8, PW 15 Hulsaram drew formal First Information Report Ex. P 9 and registered a case against the appellant and grand mother -in -law of the deceased for offences under Sections 307, 498A and 324, IPC.