DILIP SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated May 30, 1992 passed by Sessions Judge, Sikar in Sessions Case No. 1/1992 convicting the appellant Dilip Singh under Sec. 302 Penal Code and the appellant Smt. Magan Kanwar under Sec. 302 read with 34 IPC. Both of them were sentenced to undergo imprisonment for life and to a pay a fine of Rs. 500.00 each. In default of payment of fine to further undergo rigorous imprisonment for six months. The other co-accused, namely : Richpal Singh and Bhanwar Singh were acquitted of all the charges and the appellants were also acquitted of the remaining charges framed against them.

(2.) The case relates to the murder of Smt. Om Kanwar, wife of co-accused Bhanwar Singh, who succumbed to her extensive burn injuries sustained by her at her in-laws house in village Sarwadi. In brief, the prosecution case was that the appellant Sent. Magan Kanwar, mother-in-law of the deceased, sprinkled kerosene on her clothes and the appellant Dalip Singh, her 'Dewar' (husband's younger brother) set fire on her clothes. The shocking part of the prosecution case is that all the family members of her in-laws left Smt. Om Kanwar unattended in the house. P.W. 12 Bhanwar Singh a neighbour, having come to know that Smt. Om Kanwar was lying unattended in her in-laws' house with burn injuries went to the police station Losal and orally informed the police about this fact at about 12.45 p.m. on the day of incident i.e. on Sept. 30, 1991. On getting information, Head Constable Mahaveer Singh (P.W. 1) along with police constable Riyasat Ali (P.W. 10) came to village Sarwadi and found Smt. Om Kanwar in Govt. Dispensary with burn injuries. As no doctor was available in the Dispensary at Sarwadi, she was taken to Government Hospital Losal where she was admitted as indoor patient P.W. 3 Dr. Ratan Singh was posted there as Medical Officer. He was requested by the Head Constable to record dying declaration of Smt. Om Kanwar as her condition was precarious. Head Constable Mahaveer Singh also recorded Parcha Bayan of Smt. Om Kanwar in the hospital itself at 2.40 p.m. which is Ex.P/1 on the record. In her statement, she narrated the incident as under:-

(3.) Dr. Ratan Singh attested the above statement. On the basis of this Parcha Bayan, Crime No. 99/1991 was registered at Police Station Losal under Sections 307 and 498A Penal Code vide FIR Ex.P/9.