DHAKU (SMT.) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant Smt. Dakhu challenging judgment and order dated 1.5.1989/2.5.1989 passed by the Court of Additional District and Sessions Judge, Beawar (for short 'the Trial Court') whereby she has been convicted for offence under Section 302 and sentenced to life imprisonment with fine of Rs. 500/-, in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) Facts ofthe case are that one Ali son of Shera submitted a written report (Exhibit P-18) to S.H.O., Police Station Sadar, Beawar at 8.15 A.M. on 20.3.1988 alleging therein that while he was asleep in his house in the night of 19.3.1988, his neighbour Nanda son of Anna Rawat, who was staying with his family in the house of his agricultural field, came to him at 10.00 P.M. He told that his wife has bolted the room from inside and there was fire inside the room. He along with Nanak Raidas went rushing to the house of Nanda. He saw that Madan son of Nanda was sitting there and crying. His wife was sitting by his side. They told that Dhaku wife of Nanda had bolted the room from inside and son and daughter of Madan were also in the room, but no voice was coming from inside the room. Informant then stated that he opened the room and also at the same time stated that Dhaku opened the room at his askance. At that time, Sultan son of Birda had also come there and so many other persons assembled there. Dhaku from inside told that she was not wearing any clothes because her clothes were burnt. Sultan gave his 'chaddar to her to cover the body. Dhaku came out of the room by covering herself from the said 'chaddar'. There was smell of burning of clothes inside the room. When they entered the room, they saw that daughter and son of Nanda were lying dead on the ground. When they enquired from Dhaku as to why they have died, she told that when she was offering prayers and worshiping the deity, she was controlled by a superpower and in that state she has put them to death by strangulation. They stated that children namely Aamna and Depal were put to death by her. It was also stated that since it was past mid night, written report could not be submitted and it was being submitted on the following morning,

(3.) On the basis of aforesaid written report, F.I.R. No. 37/1988 (Exhibit P-19) was registered for offence under Section 302 I.P.C. and investigation commenced. After conclusion of investigation, challan was filed against the accused-appellant for offence under Section 302. The Trial Court framed charge against the accused-appellant for offence under Section 302 I.P.C., which she denied and claimed to be tried. The prosecution, to secure conviction of the accused-appellant, produced 10 witnesses and got exhibited 22 documents. Thereafter, the accused-appellant was examined under Section 313 Cr.P.C., 1973 wherein she pleaded innocence. The defence produced one witness, but did not exhibit any document. The Trial Court, upon conclusion of trial, vide judgment and order dated 1.5.1989/2.5.1989 convicted and sentenced the accused appellant in the manner indicated above. Hence, this appeal.