BADRI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appeals herein have been preferred against the judgment and order passed by the Sessions Judge, Tonk dated 29.10.1990, whereby the learned Judge has been pleased to convict all the six appellants for the offences under Sec. 302 read with Sections 147, 149 and 323 of the Indian Penal Code. They have consequently been sentenced to undergo imprisonment for life under Sec. 302 read with Sec. 149, Indian Penal Code and a fine of Rs. 100.00 each under Sec. 323, Indian Penal Code. They have further been ordered to undergo one year's rigorous imprisonment under Sec. 147, Indian Penal Code. All the sentences have been ordered to run concurrently.

(2.) The case of the prosecution in which the appellants stood convicted emerges out of a written report lodged by the informant Chhitar PW 1 on 6.6.1989, which was registered as First Information Report. It was alleged therein that on 5.6.1989, at about 5 p.m., his wife Mangi went to collect the chain for tying buffalo at 'nohra' when the accused persons namely Kana, Badri, Prahlad son of Isra, Bhura son of Kana, Prabhati wife of Badri, Rukma wife of Kana, Jagdish son of Prahlad and Badri's sister-in-law, with common object, caught hold of Mangi and after sprinkling kerosene on her clothes lighted fire on her. Mangi instantly came out of the house after which Chhitar tried to extinguish the fire, but the accused person's caught hold of Chhitar and started beating him and did not permit him to put out the flames. It was further alleged that at that time, Bhura, Gopal and other villagers also arrived there and helped in putting out the flames before whom Mangi named the aforesaid persons who burnt her. Mangi-wife of the informant's condition was extremely serious due to which he along with the villagers carried her to Pachewar Police Station on a Trolly attached to a tractor where also she related about the incident, but since no doctor was available there, the SHO asked them to take her to Malpura, where he was to reach later and promised to record the statement and register the report. However, before Mangi could be reached to Malpura, she died on the way. It has further been recorded in the First Information Report that three-four days prior to this incident, the accused persons had also beaten up Mangi. He further stated that there was enmity between him and the accused persons because they did not want to give him his share of the land. On this First Information Report, the police registered a case and after investigation submitted charge-sheet only against the accused persons. After the required legal formalities, the case was submitted to the Court of Session for trial.

(3.) The prosecution in support of its case has produced 17 witnesses and the accused persons also have produced 3 witnesses to counter the case of the prosecution. The statement of the accused persons were also recorded under Sec. 313 of the Code of Criminal Procedure, wherein they have denied the allegations levelled against them and pleaded not guilty.