MURARILAL & SMT. MOHANI Vs. STATE

JUDGEMENT

(1.) Appellants, Murarilal and Smt. Mohani alias Jethi, have come up in this appeal against their conviction under Sec. 302, IPC, and sentence of life imprisonment with a fine of Rs. 500.00 (in default, 6 months S. I.) awarded by the learned Additional Sessions Judge Sikar in sess. No. 35/86.

(2.) On the basis of a statement (Parcha Bayan) of Smt. Kusum wife of Murarilal (accused-appellant) recorded by the police on 1-5-1986 at 7.40 p. m., a case for the offence under Sec. 307, IPC, was registered at police station Sikar. In Parcha Bayan (Ex. P. 16), it had been alleged that on 1-5-1986 at 4 p. m. Smt. Kusum had been brought from her father's house situated in Nawalgarh to her husband's house at Sikar by her husband, Murarilal. Immediately on her arrival there, her husband and her mother-in-law sprinkled Kerosene oil on her and set her ablaze by striking a match stick. Her mouth was gagged with cloth. According to the Parcha Bayan, Smt. Kusum has been married only one months prior to the incident, and her husband after setting her a flame threw upon her a bucket full of water. Thereafter her husband's younger brother placed her in an auto rickshaw and got her admitted in the Government hospital. Immediately thereafter at 7.55 p.m. dying declaration of Smt. Kusum was recorded by Shri Prithvi Raj Judicial Magistrate, Sikar. The case was registered against the present appellants for the offence under Sec. 307, IPC, at 8.20 p. m. Usual investigation commenced. Site was inspected but unfortunately, after her medical examination Smt. Kusum died on 2-5-86 at 9.30 p. m. Therefore, the case was converted for the offence under Sec. 302, IPC. Her dead body was subjected to autopsy. Her burnt and half burnt clothes were taken in police custody. Floor scrapings were taken into custody from the scene of occurrence. Inquest report of the dead body was prepared and after completion of the investigation and arresting the accused-appellants, a regular challan was filed in the concerned court against both the appellants. Learned Magistrate committed the accused to face trial in the Court of Sessions Judge Sikar from where the case was transferred to the Court of Additional Sessions Judge, Sikar. The learned Additional Sessions Judge, after recording the statements of the prosecution witnesses so also of the defence witnesses in addition to the accused-appellants' under Sec. 313, Cr. P. C., heard the arguments and passed the impugned judgment.

(3.) A broad narration of significant features condensed from the evidence brought on record will help delineate the forensic controversy.