MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Mohan stands convicted under section 302, I. P. C., and he also stands convicted for the offence under section 436, I. P. C., and has been sentenced to imprisonment for life on the first count and to seven years rigorous imprisonment on the second count by the learned Sessions Judge, Partabgarh, by his judgment dated 8.1.73. Both the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that on the night intervening 13th & 14th April, 1972, the deceased Jagannath was heavily drunk. He was brought to his house situated in village Sakaria by some persons in the drunken condition. Thereafter, he had some vomits. Jagannath and his wife Mst. Gulabi then slept in their house. At about mid-night, it is said that the accused came to their house and started hurling vulgar abuses. He also pelted stones on the door of their house and also pulled the doors and having done so, he entered into the house. He caught hold of Mst. Gulabi by her hands. Both of them grappled. Jagannath continued to remain asleep. In half portion of the room, where both them were sleeping, fodder was lying. It is said that the accused ignited the match stick and set the fodder to fire, whereby the whole house was burnt. Jagannath sustained burn injuries. Mst. Gulabi brought her husband holding her hand. When she brought him outside the house, his clothes were burning She put off her clothes and raised alarm, which attracted Kachoo, who was sleeping at a distance of about 15-20 paces in the bada. Before the arrival of Kachroo, the accused Mohan had made his escape good. Her alarm further attracted the other villagers and Mst. Gulabi continued to cry that Mohan had set her house to fire. Nanuram, Keshuram, Mohanlal then went to the police station, Chhotisadri and report of the occurrence was lodged in the early morning at 6.30 a.m. on 14.4.72, Jagannath was removed from the house to some other house and after extinguishing the fire, Jagannath was taken to the hospital and thereafter, the report was lodged. Case under section 307, I. P. C., was registered. Jagannath died at the Primary Health Centre, Chhotisadri. Thereupon, the case was converted to section 302, I. P. C., and case was also registered under section 436, I. P. C. Post-mortem on the dead body was conducted by Dr. Dilip Kumar. PW 15 on 14.4.1972. In the opinion of Dr. Dilip Kumar, cause of death was due to shock of burns all over the body. On 15.4.72, the appellant Mohan was arrested. He was also examined by Dr. Dilip Kumar on 16.4.72. He found the following burn injuries on his person.

(3.) The statement of the accused was recorded, in which he denied the entire prosecution case and stated that when the house of Jagannath was burning, he was also engaged in extinguishing the fire. He denied to have suffered any burn injuries on his person and also stated that his shirt and dhoti were not burnt. No evidence was led in defence.