SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Balotra dated 29 -4 -1981 convicting the accused appellant under Section 302 I.P.C. and sentencing him to life imprisonment with a fine of Rs. 1.000/ - and in default of payment of fine to further undergo rigorous imprisonment for six mouths.

(2.) THE facts giving rise to this case that on 6 10 -1980 Dr. Harish Bafna, Incharge Government Hospital, Siwana informed the Station House Officer, Police Station, Siwana on telephone that one Smt. Bhagwati had received the burns and is in very serious condition. She was found in a serious condition in Quarter No. 8. Thereafter Smt. Bhagwati Devi was brought to Hospital on a stretcher for medical aid. The Munsif and Judicial Magistrate, Siwana was also summoned and he recorded the dying declaration Ex. P 4 of the deceased. She in her dying declaration has deposed that her husband sprinkled kerosene on her and set -fire in order to kill her. On the basis of this dying declaration a case under Section 302 I.P.C. was registered against the accused and after close of the investigation the accused was committed to the Court of Sessions for trial under Section 302 I.P.C. The prosecution examined 10 witnesses whereas the defence examined three witnesses. A large number of documents were also got exhibited. The plea of the accused was of denial and he stated in his statement under Section 313 Cr. P.C. that when he smell of kerosene he rushed to the room but found that the doors were closed from inside. Thereafter he pushed his way by break opening the bolt of the doors. There he found that his wife was burnt. He tried to extinguish the fire by water. He further stated that she was a quarrel some lady and she herself committed suicide. The learned Sessions Judge after recording the evidence and hearing both the parties found that the dying declaration of the deceased appears to be trust worthy and reliable. Therefore, he convicted the accused appellant under Section 302 I.P.C. and sentenced him to lire imprisonment.

(3.) DURING the course of arguments, it was felt necessary that some expert should also be again summoned and for that purpose a request was made to the Principal, S.N. Medical College, Jodhpur to depute some Professor to assist the court. The Principal, S.N. Medical College, Jodhpur deputed Dr. Harbans Singh, Professor in Surgery, S.N. Medical College, Jodhpur and his statement was recorded on 16 -2 -1987. Thereafter, the accused was summoned and his statement was put to him.