KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 14 -2 -1986 passed by the Sessions Judge, Jaipur City Jaipur by which, he found the appellant guilty under Section 302 I.P.C. and sentenced him to life imprisonment.

(2.) ACCORDING to the prosecution, the Police received a telephonic message from Shri Narain Singh that a woman has died on account of burns. After receiving this information the Police reached at the hospital and recorded Parcha Bayan of Smt. Guddi. In this Parcha Bayan Guddi has stated that her marriage had taken place 8 -9 years before and she has a female child. Her husband runs a barber shop. Her mother -in -law used to quarrel with her and she instigated her son to burn her. At this her husband poured kerosene and then burned her. The cause of burning is that her mother -in -law and her husband used to tell her to earn something. She refused to earn so they were annoyed with her. On the basis of this Parcha Bayan a regular FIR was registered. It is also alleged that a dying declaration was recorded by the Magistrate on the same night. On account of the burns Mst. Guddi died and her post mortem was conducted on 22 -6 -1984. In the post mortem report the Doctor has mentioned 8 injuries and according to his opinion the cause of death was shock due to extreme flame burns. The Doctor preserved pieces of liver and both kidneys, pieces of small intestine, scalp hairs and blood from hairs for Chemical Examination and they were handed Over to the Police Constable along with the post mortem report.

(3.) THE learned trial Court framed charge against Kishore under Section 302 I.P.C. and against Smt. Pushpa under Section 302/109 I.P.C. Both the accused pleaded not guilty and claimed trial.