MANGI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellants against the judgment and order of conviction dated 05.03.2013, passed by the learned Additional Sessions Judge No.4, Bikaner in Sessions Case No.25-A/2012 (22/2010) whereby the accused-appellants have been convicted for the offence under Section 302 IPC and sentenced to imprisonment for life with a fine of Rs. 2000/-, in default thereof to further undergo one month's simple imprisonment.

(2.) Brief facts of the case are that on the basis of a Parcha Bayan of deceased Leela on 26.10.2009 an FIR was registered. In the said Parcha Bayan Kumari Leela disclosed that from her childhood she is staying with her Mama and Mami (maternal uncle and aunt). Her parents are no more in this world. She has studied upto 8th standard. The inhabitants of her mohalla namely Mohni Devi, Mangi Lal, Jetha Ram and Kishna Ram had complained on 20.10.2009 that she has spoiled the kids of Mohni Devi and had a quarrel with her on that day. On 23.10.2009 at around 4:30-5:00 PM, Mohni Devi, Mangi Lal, Jetha Ram and Kishna Ram after scaling the wall came to her house and Mangi Lal poured kerosene on her body and Mohni Devi ignited fire with matchstick. When her body was in flames, she tried to extinguish the fire by throwing herself on the ground. While she was crying, her Nani (grandmother) and the neighbour Tilaram besides other persons came on the spot and tried to extinguish the fire. She further stated that her Mama and Mami (maternal uncle and aunt) were at their work place and were informed on telephone. She was taken to Nokha Hospital in the Taxi by Poornanand Maharaj where after giving first aid she was referred to the PBM Hospital, Bikaner. While she was taken to the Bikaner her Mama and Mami also came there and she informed them that she was burnt by pouring kerosene on her body by Mohni Devi and Others. On the basis of aforesaid Parcha Bayan (Ex.P-1), a formal FIR bearing No.370/2009 was registered against the accused persons for the offences under Sections 307 & 452/34 IPC. During the treatment, Leela expired.

(3.) After completion of investigation police filed a charge-sheet for the offences under Sections 306 IPC only against the two accused persons i.e. Mohni Devi and Mangi Lal.