HASTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21-4-1995 passed by the learned Additional Sessions Judge No. 2, Nohar whereby the learned Sessions Judge has convicted the accused-appellant for offences u/Ss. 302 and 450 IPC and sentenced her to imprisonment for life with a fine of Rs. 1,000/-, in default of payment to undergo simple imprisonment for two months for the offence u/S. 302 IPC and to 5 years' rigorous imprisonment with fine of Rs. 500/-, in default of payment of fine to undergo simple imprisonment for one month for offence u/S. 450 IPC. Both the substantive sentences were ordered to run concurrently.

(2.) The deceased Smt. Kamla was married to Kohar Singh (PW 5) some three years before the occurrence. She was physically handicapped. The occurrence took place on 23-8-1994 at 7.00 a.m. Kohar Singh had gone to his field and Smt. Kamla was preparing chapaties in the kitchen. It is alleged that accused Smt. Hasti Devi w/o Veer Singh tress-passed into her house and tried to strangulate her. Smt. Kamla resisted. Thereupon, Smt. Hasti sprinkled and poured kerosene oil on the person of Smt. Kamla from two bottles which she was carrying with her. She lit a match stick and put her on fire. There was a disturbance in the house of Smt. Kamla. It attracted the attention of Suman (PW 1) and Smt. Savitri (PW 3). Suman (PW 1) reached the house of Smt. Kamla but the main door was bolted from inside. Dharmpal (DW 1), Balveer and Shri Ram also assembled in-front-of the house of Smt. Kamla. Savitri also came there. Suman (PW 1) asked Shri Ram to enter into the house of Smt. Kamla and open the door. Shri Ram accordingly went inside the house of Smt. Kamla and opened the door. Suman entered the house but the accused threw a gota towards her. She, therefore, came out and accused bolted the door again from inside. Thereafter, Suman went to summon Kohar Singh from the filed and informed him that the accused was beating Kamla with stick. Kohar Singh immediately rushed to his house and saw Dharmpal, Balveer, Shri Ram and Ran Singh standing outside his house. Shortly his brother Munshi Ram (PW 4) also reached there. Ran Singh and Munshi Ram went to the roof of other house and opened the door after jumping into his house. Kohar Singh and Munshi Ram saw the accused burning Smt. Kamla. The accused had sprikled kerosene oil on Smt. Kamla and has also put wood over her body. Smt. Kamla was burning. The accused was armed with a knife. Kohar Singh and Munshi Ram pushed Smt. Hasti aside and put gudras over the body of Smt. Kamla in order to extinguish the fire. Thereafter, Dharmpal was asked to bring a jeep which he brought. He and Munshi Ram then lifted Kamla, put her in the jeep and brought her to the police station and thereafter to the hospital. They reached the hospital at 10.00 a.m. The S.H.O. followed them and reached the hospital immediately thereafter. Mumtaj' Ali (PW 12) and Moti Ram (PW 13) immediately reached the hospital. Moti Ram immediately moved an application Ex. P-17 to Dr. Ramlal (PW 8) in order to obtain his opinion as to whether Smt. Kamla was in a fit mental condition to give statement. Dr. Ramlal examined the condition of Smt. Kamla and recorded his opinion on Ex. P-17 to the fact that Smt. Kamla was in a fit condition to give her statement. Moti Ram then proceeded to record the statement of Smt. Kamla which is Ex. P-18. Shri Moti Ram questioned Smt. Kamla and asked Mumtaj Ali to scribble the same. At the time of recording her statement Ex. P-18, there was no other person present expect the Medical Officer Ramlal. In Ex. P-18, Smt. Kamla stated that she was married to Kohar Singh three or two years back. On that days her husband had gone to his field and she was alone in the house. She was preparing chapaties. At 7.30 a.m., the accused Hasti tress-padded into his house and came straight to her and tried to strangulate. She resisted and raised an alarm. Smt. Hasti then fell her down on the ground and after pouring kerosene oil over her body from the bottles she lit a match-box and put her on fire. Her alarm attracted persons of the vicinity who tried to save her. She stated that she was burnt to death on account of enemity. She further stated that she was brought to the hospital by her husband Kohar Singh. On the basis of this dying declaration (Ex. P-18), Bhaglaram, S.H.O. (PW 11) registered a case for offences u/Ss. 452 and 307 IPC. He then reached the hospital. The Medical Officer informed him that Kamla had died. He moved an application- Ex. P-23 for conducting autopsy over the body of Smt. Kamla. The autopsy was conducted by Dr. Ramlal (PW 8). He found four lacerated wounds on the upper and lower lips of the size 1/2 " x 1/4 " x 1/8 ". The injuries were simple and caused by blunt weapon. She had sustained over 60% burn injuries. She succumbed to the above injuries on account of the resultant shock. The post-mortem report is Ex. P-19, Bhaglaram also prepared the inquest report Ex. P-4. He seized the clothes worn by Smt. Kamla at the time of incident. They were stained with blood and smelled of kerosene. He also found pieces of glass bangles lying at the place. He also collected pieces of wood and coal found at the place of occurrence and seized and sealed the same and prepared seizure memo Ex. P-8. He also collected the blood stained and controlled soil vide seizure memo Ex. P-9 and Ex. P- 10.

(3.) It may also be stated that Hasti, accused was also medically examined on 24-8-1994 by Dr. Ramlal as there were injuries on her person. According to her injury report Ex. P-20, she was found to have the following injuries :-