SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is derected against the judgment dated 13-11-87, by which the appellants were convicted under section 302 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 500/-, in default of payment of fine to undergo one years R.I.

(2.) Sita was married to appellant Surendera Singh 17-18 years ago from the date of occurrece. Surendra Singh was in the habit of drinking liquor and illtrated Sita and after spoke to marry second time. Shankar Lal brother of decease Sita submitted a written report of the S.H.O. Chirawa on 2-6-85 stating that on this date at 2. p.m. Nemi Chand Jat resident of village Sari came to him and informed that his sister Sita has been burnt by pouring kerosing oil by Surendra and Chandrapati wife of Vinod Kumar. He came to village Sari and found Sita lying in her house in burnt condition. People of mohalla were collected there. He then took Sita in jeep to hospital. On this report a case under Section 307 of the Indian Penal Code was registered at the police Station Chirawa. Shri Shashi Kumar Pareek munsif and Judicial Magistrate recorded the dying declaration of Mst. Sita Later on Sita died on 10-8-1985 i.e. after more than two months of the occurrence. Her postmortem was done by a Board of Doctors. In their opinion the cause of death was hypoprolecumia and toxamica due to long standing burns of about 56 percent of total body surface. After completing the usual investigation the police submitted challan against appellant Surendra Singh. Later on Mst. Chandrapati was also made accused in this case. The Trial court framed charge against the accused persons under Section 302 of the Indian Penal Code. Both the accused pleaded not guilty completing the trial found that case has been established against the accused persons and he convicted and sentenced them as mentioned above.

(3.) The learned Counsel for the appellant argued that the entire case depends on the dying declaration of Mst. Sita. This was recorded on 2-6-85 by the Munsif and judicial Magistrate, Chirawa. In this statement she had stated that when shew came out in burning condition Mst. Basanti wife of Rang Lal, Chando wife of Nemi Chand and Kartar Singh came there. They tried to extinguish the fire and then she became unconscious. So according to this dying declaration Ex. P.3 Basanti Chando and kartar Singh are very material witnesses. It was also argued that while extinguishing the fire Mst. Basanti also received burns on her body and she was also medically examined by the doctor. Her injury report is Ex. P.2. According to this injury report she had two burns injuries. So the argument was that looking to the injury report Ex. P.2 the presence of Mst. Basanti cannot be disputed. She has been haned in the dying declaration Ex. P.3 by Mst. Sita and the injury report Ex. P.2 proves that Mst. Basanti was present when Mst. Basanti and Kartar Singh have not been examined by the prosecution witnesses. Both these witnesses appeared in the defence and they have not corroborated the prosecution story. Mst. Chando is the only witness who can be said to be an important witness and her statement is most unreliable. It was also argued and the entire prosecution evidence is unreliable and the learned Trial Court has not correctly appreciated the statements of the witnesses.