STATE Vs. JETHA

JUDGEMENT

(1.) D .B. Criminal Appeals Nos. 366/78 and 402/78 along with D.B. Criminal Revision No. 268 of 1978 filed by Jetha, Hansa alias Hansa Ram, Smt. Hanja, Smt. Pabu and Chunni Lal and D.B. Criminal Jail Appeals Nos. 407/78 and 408/78 preferred by Hansa Ram and Chunni Lal respectively are directed against ore and the same judgment of the Sessions Judge, Jalore, whereby Hansa Ram and Chunni Lal were convicted under Section 147 and 302 and 147 and 302 read with 149, I.P.C. respectively and each of them was sentenced to undergo rigorous imprisonment for 2 years on the 1st count and on the 2nd was sentenced to death and to pay a fine of Rs. 1000/ -, (one thousand only) By this very judgment, the other appellants, namely, Jetha, Mst. Hansa and Mst. Pabu were also convicted under Section 147 and 302 read with Section 149, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for two years on the first count and on the second to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/ -; (one thousand) in default of payment of fine to suffer further rigorous imprisonment for one year. The Sessions Judge, Jalore, has submitted the proceeding before us for confirmation of the sentences of death passed by him against Hansa Ram and Chunni Lal.

(2.) THE prosecution case is that Mst. Mohani Devi was married to Hansa Ram appellant about 4 or 5 years ago After her marriage, she began to live with her husband in the latter's house, but the relations between the young couple were not very smooth Hansa alias Hansa Ram treated his wife badly and occasionally gave her beating with the result that there was no endeavouring affection between them. Her in -law's were, also annoyed with her, so, she was taken by her brother Uda Ram to his house at village Ahore where she stayed for some months. Thereafter, on October 20, 1977, Hansa Ram went to the house of his father in law and requested the latter to send Mohani Devi with him Anda Ram father of Mst. Mohani Devi, was not willing to send his daughter with his son -in law Hansa Ram, but the latter gave an assurance to the former in the presence of caste fellows of the village that he would not beat Mohani Devi in future and treat her with love and affection Re lying upon this assurance, Anda Ram agreed to send his daughter Mohani Devi with his son -in law Hansa Ram Accordingly, Hansa Ram brought his wife Mst. Mohani Devi to his house at village Chandrai on 21 -10 -1977. It is alleged that in the night between 21 and 22 -10 -1977, all the five appellants, namely, Jetha, Hansa, Chunni Lal, Mst. Hanja and Mst. Pabu conspired together and formed an unlawful assembly with a common object to cause the death of Mst. Mohani Devi by fire and, in pursuance of the said common object of the assembly, Harsa Ram burnt his wife Mst. Mohani Devi to death be setting fire to her body, while she was inside the room of her house. Some time after the occurrence, Hansa Ram and his father Chunni Lal rushed to the house off Anda Ram, the father of Mst. Mohani Devi, at village Ahore, in the early morning of October 22, 1977, and made extra -judicial confessions of their guilt before him by stating that they had burnt his (Anda Ram) daughter and for that they begged to be excused. On hearing the news of the death of Mohani Devi, the members of Anda Ram's family began to weep and their cries attracted Umajj Kumar, Rakhaji Rawal and others in whose presence also Hansa Ram and Chunni Lal appellants confessed to have burnt Mst. Mohani Devi to death. Later on, Mst. Mohani Devi's father Anda Ram was informed by Hajari Mai and Sant Jetha Ram that when Hansa Ram was fating Mst. Mohani Devi to village, Chandraj, they had heard him saying that Mst. Mohani Devi would dream -off having ct me back to Ahore. A written report of this incident of murder was, therefore, lodged by Uda Ram, brother of Mst. Mohani Devi, with the Superintendent of Police, Jalore, on October 24, 1977. It will not be out of place to mention that on October 22, 1977, at 11.30 a.m. Hansa Ram himself went to the police station Ahore and made a report to the police that his wife Mst. Mohani Devi had committed suicide by pouring kerosene oil over her body and then setting fire to it. Upon receiving this information, the Station House Officer, Ahore, proceeded to enquire into the matter under Section 174. Cr.P.C. But, later on, when a criminal case under Section 302, I.P.C. was registered on the basis of written report: filed by Uda Ram, brother of Mst. Mohani Devi, on 24 -10 -1977, the inquiry under Section 174, Cr.P.C. was dropped and an investigation into the offence of murder was commenced. In the course of inquiry under Section 174, Cr.P.C. the Station House Officer, Ahore, visited the place of occurrence, where dead -body of deceased was lying und prepared a site -plan and a site -inspection memo. He recovered the dead body of Mst. Mohani Devi and got an autopsy performed over it by the Medical Officer, In charge Government Hospital, Chandrai (Jalore) at 1.30 p.m. on October 22, 1977. The Medical Officer, upon post -mortem examination of the dead body of Mst. Mohani Devi found as under: Hairs burnt, eyes closed, skin of whole of body burnt, superficial muscles burnt intestines coming out of abdomen, body is in pagalistic state, bones of right leg burnt, no smell of kerosene present, also present at place of burning. The cause of death, in his opinion, was shock due to extensive degree off burns. The Medical Officer further clarified, later on, that the deceased must have taken meals about 3 hours before the death and it could not be aid whether she was throttled because skin and sub -cutaneous tissues were mot present. According to his opinion, Mst. Mohani Devi must have been burnt before her death and in addition to clothes, some other material might have been used, as ash was present at the place of burning.

(3.) THE learned Sessions Judge, Jalure, charge -sheeted Hansa Ram under Sections 120B, 147 and 302 I.P.C. and framed charges against the ether four appellants under Section 120B, 147 and 302 read with Section 149, I.P.C. After framing necessary charges, the learned Sessions Judge conducted the trial. The prosecution examined as many as 26 witnesses to prove its case. The appellants led evidence of three witnesses in their defence, while Moti Lal, SHO Ahore, was further examined as a court witness vide order of the Sessions Judge, Jalore, dated June 27, 1978. The Sessions Judge heard arguments in the case and convicted all the appellants in the manner stated above. It appears that after recording the conviction, he was transferred from Jalore and so, he could not hear the appellants on the question of sentence and award sentences to them according to law. On Oct. 19, 1978, his successor Shri Ram H Ajwani, heard the arguments of the learned Counsel for the appellants and learned Public Prosecutor, on the point of sentence and passed the sentences as mentioned above.