KUNDAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Kundan Lal, Sammi alias Shyam Lal and Smt. Durga have preferred this appeal against the judgment dated 21-10-1997 passed by learned Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar in Sessions Case No. 108/ 97 whereby the appellants were convicted of the offence under Section 302, I.P.C. and sentenced to imprisonment for life and a fine of Rs. 250/- each and to undergo simple imprisonment for two months. The appellants were acquitted of remaining charges under Sections 304B and 498A, I.P.C. The State of Rajasthan has not preferred any appeal against the order of acquittal.

(2.) In nutshell, the prosecution case is that Smt. Veena Rani wife of the accused Kundan Lal was brought on 29-3-1994 at 2.20 afternoon to the Primary Health Centre, Keshrisinghpur with 9O% bum injuries allover the body. The Medical Officer Dr. Gopal Das Sharma P.W. 11 informed the S.H.O., Police Station, Keshrisinghpur who gave a letter Ex. P 14 for her medical examination, which is Ex. P22. Dr. Gopal Das referred the case to General Hospital, Sri Ganganagar, Sarvar Ali, S.H.O., Keshrisinghpur P.W. 7 reached the hospital and recorded the statement of injured Smt. Veena Rani at 7.30 p.m., which is also FIR of this case. Thereafter, on the Written request of S.H.O. Sarvar Ali, P.W. 8 Shri Rajeshwar Singh, Additional Judicial Magistrate, Sri Ganganagar recorded the dying declaration of Smt. Veena Rani on the same day at 8.25 p.m. in. the General Hospital. Sri Ganganagar. She stated in her statement Ex. P11 given to S.H.O. Sarvar Ali that she was married to Kundan Lal before six years. Her younger sister Seema Rani was also married to her brother in law (Devar) Raja Ram. The accused persons used to harass and beat her for the demand of dowry. She was in her room at about 1.45 p.m. Her mother in law Smt. Durga Devi and brother in law Sammi caught her and poured Kerosene oil on her body. Her husband accused Kundan Lal it the fire. On her hue and cry one Khatik came at the place of occurrence. A case was registered under Sections 498A and 307 read with Section 34. I.P.C. Smt. Veena Rani died of burn injuries at 10.00 a.m. on 5-4-1994. The post mortem was conducted by a Medical Board of three doctors, which expressed opinion that cause of death was shock and toxaemia due to extensive burns about 9O%.

(3.) Sarvar Ali S.H.O. conducted the investigation and prepared the inquest report site plan seized burnt pieces of clothes & hair plastic jerry can one stove match box pieces of clothes and cover of quilt. There was no Kerosene oil in the stove. He also took into possession the dowry articles given at the time of the marriage at the instance of accused Kundan Lal. After completion of the investigation challan was submitted in the Court of Additional Chief Judicial Magistrate under Sections 498A. 304B read with Section 34. I.P.C. The learned Special Sessions Judge framed the charges against the accused persons under Sections 302/304B and 498A. I.P.C. The accused persons claimed trial. The prosecution examined 14 witnesses and accused persons produced three witnesses in defence. Prosecution Exhibited 37 documents. The defence exhibited the statement of Smt. Krishna Devi mother of the deceased under Section 161, Cr. P.C. as Ex. Dl. The learned Sessions Judge on consideration of the oral and documentary evidence came to the conclusion that the offences under Sections 304B and 498A. I.P.C. were not proved and. therefore recorded acquittal as stated above and convicted the accused persons for the offence under Section 302. I.P.C.