MANGI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the appeals shall stand decided by this common judgment as they arise out of the common impugned judgment.

(2.) The present appeals are preferred against the judgment and order dated 25.11.2010 passed by the Additional Sessions Judge, Sangaria, Hanumangarh in Session Case No.21/2009 vide which the appellants were acquitted for the offence under Section 406 IPC but convicted for the offences under Section 304-B, 498-A IPC.

(3.) As per the prosecution story, Smt. Rajwanti wife of Dulichand made a statement on 25.2009 before Gopal Singh, ASI PW-15 at 2.30 pm. alleging that her father's name was Sheopat Ram and her maternal home is at Singhpura. They are five sisters and two brothers. Her marriage was solemnized four years ago and she has one son Abhishek aged about 02 years. Her elder sister Santosh was married to one Mangi Lal. Her own marriage and that of her sister was solemnized on the same date. She had come to her parents house along with her father, when on 25.2009 at abut 11 O' Clock, her husband Dulichand and her brother in law Mangi Lal came to her father's house in drunken condition. At that time, her elder Sister Santosh, mother Vimla Devi and younger sisters Nirmala and Chandrakala were present in the house. Her husband Dulichand was talking to her mother and sisters while Mangi Lal who had gone out to urinate came back suddenly and entered her room while she was alone in the room and feeding her two years child. Mangi Lal poured kerosene oil on her and set her on fire. She ran outside raising hue and cry while Mangi Lal ran away by jumping the wall but was caught by the neighbours on the spot. Her husband too was caught while running away. Dilip Nayak, Krishan Nayak and some more people who came after hearing the noise extinguished the fire by pouring water and putting blanket on her. It was further alleged by her that her mother in law Gurdeep and her husband Dulichand used to harass her for dowry.