ASHOK KUMAR AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused Ashok Kumar and Subhash, who are real brothers inter-se and were teenagers at the time of the alleged incidents have been convicted under section 302 Penal Code and each has been sentenced to imprisonment for life with a fine of Rs 250.00 in default of the payment of fine to further undergo 3 months rigorous imprisonment by the Additional Sessions Judge (4), Jaipur City, Jaipur by his judgment dated Oct. 24, 1986. The accused has come up in appeal and challenge their conviction.

(2.) Briefly stated, the prosecution case is that PW 4 Mahendra and PW 6 Rinku are the sons of Prem Narain Their mother was Smt. Saroj who was approximately 20 years of age at the time of her unfortunate death alleged to have been taken place on 7-3-83 The family i.e. Smt. Saroj her husband Prem Narain and their Children Mahendra & Kinku were living in Plot No. 66 situate near Post Master General Office in the city of Jaipur. Prem Narain as an elder brother Ram Gopal. The accused are sons of Ram Gopal. It is suggested that the relations between the deceased Saroj and the accused persons all of a sudden became strained and they threatened to kill her. On 6.2.83, the 2 accused picked up quarrel with Smt. Saroj and be laboured her. A report of this incident was lodged against them by Smt. Saroj on that very day. This added fuel to the fire.

(3.) At about 9 or 9.30 A.M. on 7-3-83, Smt. Saroj was working in her kitchen. Her sons Mahendra and Rinku were playing outside. Prem Narain bad left the house a little earlier and went to railway station to submit an application for leave. When Mahendra and Rinku were playing outside, the accused persons entered their house and went to the place where Smt. Saroj was working. Accused Subhash caught hold Saroj by her neck and strangled her. Accused Ashok sprinkled kerosene oil on her. Lit a match stick and set fire to her. Smt. Saroj was soon in flames The accused left the place and made good their escape. Mahendra and Subhash who were standing outside the house saw the incident through the window situate in the room in which the incident had taken place. Mahendra went to P W.1 Smt Mobini Devi sister of the mother of Saroj and narrated the incident to her. Smt. Mohini Devi instantly arrived on the spot and found Saroj lying dead with burns all over her body. She raised cries and many persons arrived on the spot. Somebody informed the police station Vidhayak Puri on telephone that Smt. Saroj was lying dead. PW 11 Durga Prasad S.I. arrived on the spot and prepared the inquest report Ex P. 1 of the dead body of Saroj. He also inspected the site and prepared the site plane Ex P. 2. The post mortem examination over the victims dead body was conducted by a Medical Board of 3 Doctors at about 6.00 P.M. on the same day. The Doctors of the Board were of the opinion that the cause of death of Smt. Saroj was shock due to extensive ante mortem flame burns. Post mortem examination report prepared by them is Ex. P. 5. PW 2 Ram Gopal who is father of the deceased victim Saroj presented written report Ex.P. 18 at about 8.15 P.M. on the same day (7-3-83) at Police Station, Vidhayak Puri. It was stated therein that he suspected that the 3 sons of Ram Gopal the elder brother of his son-in-law Prem Narain, had caused the death of his daughter Smt Saroj. The police registered a case Under section 302 Penal Code and proceeded with the investigation. The Investigating Officer took the burnt pieces of clothes, glass bad sheet etc into possession and sealed them. He also noticed some blood strain on the walls of the room in which the incident had taken place Accused Ashok Kumar and Subhash were arrested on 15-5-84, On the completion of the investigation the police filed a crime report against the accused Ashok Kumar and Subhash in the court of the Judicial Magistrate (13). Jaipur City, Jaipur, who committed the case for trial to the court of Sessions. The case came for trial before the Additional Sessions Judge (4), Jaipur City, Jaipur. A charge under section 302 Penal Code was framed against both the accused persons Mahendra and Subhash. They pleaded not guilty and claimed to be tried. According to them, they have been falsely implicated merely on suspicion. In support of its C3se, the prosecution examined 13 witnesses and filed some documents. In defence, the accused examined 3 witnesses. On the conclusion of trial, the learned Sessions Judge court the char, e duly brought home to each of the accused. They were con equently convicted and sentenced as mentioned at the very out-set Aggrieved against their conviction, the accused had come up in appeal.