LALIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant has filed this appeal against the judgment of the learned Addl. Sessions Judge No. 1, Jodhpur dated 16-11-1993 whereby the learned Addl. Sessions Judge convicted the accused for the offence under Section 302, IPC and sentenced him to life imprisonment with fine of Rupees 2,000/-. In default of payment of fine the accused was ordered to undergo six months' rigorous imprisonment.

(2.) The prosecution case may be briefly stated as follows. On 17-2-1992 at about 2.00 p.m. the accused-appellant sent a report to Police Station Pratapgarh. It was stated that in the report that between the night of 16-2-1992 and 17-2-1992 he was sleeping with his wife deceased Smt. Vimla. At about 1.30 a.m. he went to the toilet and while he was returning, his mother called him and told that she was having headache and asked to apply pain-balm. While returning from his mother's bed-room he saw flames coming out from his bed-room. He wanted to enter the room but it was bolted from inside. He, therefore, summoned his parents and brother and also the neighbourers. He pushed the door of the bed-room. As a result of pressure the door opened. The accused and other persons were greeted with a ghastly sight. His wife Vimla was sitting near the bed and was on fire. He removed his infant daughter and poured water over his wife. The other articles of the room also caught fire. On receipt of this report the A.D.M. City Shri J. K. Bansal, PW 9, was informed. He reached the site along with Dy. S.P. The site was inspected and site memo Ex. P1 was prepared. Site plan Ex. P-2 was also prepared. The inquest report Ex. P-3 was prepared and it was held that Smt. Vimla died on account of burn injuries. The Dy. S. P. Shri Giriraj Misra, PW 20, investigated the case. The accused was arrested. Other accused were also arrested. While in police custody the accused-appellant furnished an information on 26-2-1992 (Ex. P-24) under Section 27 of the Evidence Act to the effect that he had concealed the kerosene jerican in the basement of his house and that he was prepared to get it recovered. Pursuant to the above information the accused got the kerosene jerican recovered from the above place. It was seized and sealed. The accused also furnished another information while in police custody in pursuance whereof some pieces of paper were recovered which were concealed beneath the sand on the chabootra of the house of the accused. According to the information of the accused he had prepared an application for divorce to be submitted to the Family Court.

(3.) A Medical Board was constituted by the A.D.M. City consisting of Dr. N. S. Kothari, Dr. S. P. Singh and Dr. Vivek Bhatnagar to conduct postmortem on the body of Smt. Vimla. The above Medical Board conducted postmortem on 17-2-1992 at 3.15 p.m. The post mortem report is Ex. P28. The Medical Board found the whole body of Smt. Vimla containing extensive burn injuries of 3rd and 4th degree. The important thing that the Medical Board found was that a piece of burnt cloth was protruding from Vimla's mouth. The doctors opened her mouth and a yellow coloured rolled cloth was taken from her month. The cloth was measured. It was 22 cm. x 6 cm. According to the opinion of the Board Smt. Vimla died of asphyxia as a result of suffocation induced by gagging of the above piece of cloth in her mouth. The Investigating Officer examined the material witnesses. He also collected the various letters written by Smt. Vimla to her father, husband and brother. Letters written by Shri Bhanwarlal, father of the accused, were also recovered. After collecting the incriminating evidence a charge-sheet was filed against the accused and other family members in the Court of Committing Magistrate who committed the case to the Court of Session.