SMT. SHAYARA WIFE OF SHRI ABDUL REHMAN B/C MUSALMAN, R/O NAYA TALAB, INSIDE NAGORI GATE, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Appellant stands convicted under Sec. 302 Penal Code to life imprisonment with fine and default stipulation by the Additional Sessions Judge No.3, Jodhpur in Sessions Trial No. 11 of 1988, dated 29.09.1989.

(2.) The deceased is the daughter-in-law of the Appellant, aged about 20 years married approximately five months ago. She suffered II and III degree burns in the matrimonial home on 20.08.1988 at about 9:00 pm and was taken to the hospital by her father-in-law DW-1, Abdul Rehman and her husband DW-3, Mohd. Shabir. She expired during the course of treatment at 7:10 am on 27.08.1988. On 24.08.1988 her statement, Exhibit P/3 was recorded by the Additional Chief Judicial Magistrate, Jodhpur PW-6, Ramchandra Sargara at 10:55 am followed by another statement recorded by PW-6/2, ASI Karan Singh at 11:30 am which was registered as an FIR. The police statement of the deceased was recorded on 25.08.1988. In all these three statements the deceased stated that the Appellant had poured kerosene oil on her and set fire.

(3.) Learned Counsel for the Appellant submitted that the clothes of the deceased accidentally caught fire while cooking. She was taken to the hospital and her parents PW-1, Smt. Rajia and her father PW-2, Mohammed Ishaq were informed immediately. They also came to the hospital at night itself. The two witnesses stated that the deceased told them in the hospital at night that her clothes accidentally caught fire while cooking. PW-7/2, ASI Deshraj came to the hospital the same night at 10:45 pm. The parents of the deceased also stated that the deceased never complained of any ill treatment by the Appellant or any other family member.