GAJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Gajraj Singh, his father and mother (Chandrabhan and Smt. Chand Kaur respectively) faced trial before the learned Additional Sessions Judge, Behror for offences under Sections 498A, 304B, 302, Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, who by his judgment dated 31.8.1996 acquitted all the appellants for offences under Sections 498A and 304B, Indian Penal Code, and under Sections 3 and 4 of the Dowry Prohibition Act, but convicted them for the offence under Section 302, Indian Penal Code and sentenced each one of them to life imprisonment with a fine Rs. 1,000/ -, in default of payment of fine to further undergo simple imprisonment for six months.

(2.) SUCCINCTLY stated, the prosecution case is that on 25.6.1987at about 5.45 a.m., deceased Smt. Indira (w/o appellant Gajraj Singh), who had extensive burns on her body, was brought by appellant Chandra Bhan to the General Hospital, Narnaul (Haryana). PW 2 Dr. O.P. Sarowa, the Duty Medical Officer Incharge admitted her as an Indoor patient in the Hospital, vide Bed Head Ticket Ex. P4. At that time, her general condition was serious. Her blood pressure and pulse rate were not recordable. Her respiration was deep and temperature was normal. She had about 95% burns on her body. There were deep burn injuries all over her body except her left foot and below ankle with smell of kerosene oil. Her skin was peeled off. Her eye brows and lids were burnt. There was no cloth on her body. Dr. Sarowa prepared her medico -legal injury report Ex. P5. He vide his letter Ex. P3 informed the Incharge, City Police Station Narnaul about Smt. Indira's burn case on the same day at about 8 a.m. Thereupon, PW 16 Ram dayal, ASI Incharge, City Police Station Narnaul alongwith constable PW 12 Rajkumar reached the hospital. He recorded Smt. Indira's statement Ex. P1, wherein she stated that she was married to appellant Gajraj Singh r/o village Akhlipur, PS Behror (Rajasthan) about 2 years ago; that, her husband, who was employed in the Army, had come to village Akhlipur on two months' leave, his leave was to expire on the 1st of the next month; that, she was staying with her in -laws for last one year; that she had also three months' pregnancy. She further stated that her father in -law Chandrabhan, mother -in -law Smt. Chand Kanwar and husband Gajraj Singh used to harass and taunt her that she was not to their liking. She also stated that on that day at about 5 a.m. appellants Chandrabhan and Chand Kanwar caught hold of her, while her husband Gajraj Singh sprinkled kerosene oil on her and set her ablaze, she raised alarm, whereupon many villagers came there and that the appellants got her admitted in the hospital and went away.

(3.) A Medical Board comprising of PW 1 Dr. A.K. Chhakad and two other doctors conducted medico -legal autopsy on the dead body of Smt. Indira vide postmortem report Ex. P2 and opined that the cause of her death was due to shock as a result of extensive burn injuries, which were ante mortem in nature and sufficient to cause death in the ordinary course of nature.