DAMODAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal filed by accused appellant Damodar against his conviction and sentence under Sec. 302 IPC passed by the learned Sessions judge, Jaisalmer vide his judgment dated 26.3.92. He sentenced the appellant to undergo imprisonment for life and a fine of Rs. 2,000/- and in default to undergo imprisonment for one year.

(2.) Succintly stated the allegation of the prosecution is that appellant Damodar is the brother-in-law of deceased Rakesh. Smt. Bhuri is the wife of appellant and Radhey Shyam is a friend. There was a dispute between Damodar and Smt. Tulsi about the daughter who was living with her parents.

(3.) On 29.7.91. appellant Damodar and his wife went to the house of mother of Rakesh Smt. Saraswati and brother Kishan alias Kalu PW-19. They asked the mother of deceased to settle the dispute. Since there was apprehension of a quarrel, Smt. Saraswati and Kalu went to the house of Rakesh. They found Damodar, Bhanwari and Radhey Shyam outside the house of Rakesh. Smt. Tulsi was also present. Rakesh came out with a stick from his house. Then Damodar caught hold of his neck. Smt. Tulsi snatched the stick. Thereafter Damodar and Smt. Bhurki alias Bhanwari started giving beatings to Rakesh. At this stage, Saraswati and Kalu went to police station. Jaisalmer to lodge report of the incident. PW. 11 Babulal, brother of deceased, came in their absence. Then accused apellant Damodar brought a jerrican of kerosene oil, poured oil on Rakesh and burnt. Badulal extinguished fire and then went to the police station in order ot report the matter. Jeev Prakash PW. 14 came there and found Rakesh buring. Jeev Prakash covered Rakesh, put him in a jeep and took to hospital. From the hospital the SHO of Jaisalmer was informed and requested that the dying declaration of Rakesh may be recorded. The SHO consequently requested the Sub-Divisional Magistrate, Jaislalmer Mahaveer Prasad Sharma, who came to the hospital. He inquired from the duty doctor Jugal Sarraf PW. 5 if Rakesh was in a fit condition to give statement and thereafter recorded dying declaration Ex.P/5. In his dying declaration Rakesh stated that Damodar poured kerosene oil on him and burnt with a match stick. Bhanwari and radhey Shyam has a common intention to do so. This dying declaration Ex. P/5 was sent to police station, Jaisalmer where a case under Sec. 307/34 IPC was registered. Ultimately Rakesh died. The SHO conerted the case under Sec. 302 IPC. Damador was arrested. He made a disclosure statement to get the jerrican recovered and the same was recovered at his instance. Burnt pieces of clothes were also recovered during the investigation. The other two accused persons were also apprehended and ultimateluy all of them were charge-sheeted before the concerned Magistrate who committed them to face the trial before learned Sessions Judge.