MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated July 27, 2000 passed by learned Special Judge Women Atrocities & Dowry Cases), Kota whereby appellant Man Singh has been convicted and sentenced to suffer imprisonment for life and a fine of Rs. 5,000.00, in default of payment of fine to further undergo rigorous imprisonment for six months under Section 302 of the Indian Penal Code.

(2.) The brief facts of the pro-secution case are that on receiving information from M.B.S. Hospital, Kota on March 31, 1997 to the effect that Smt. Manju Bai W/o Man Singh, by caste - Rajput, aged 27 years, R/o - Kota has been admitted in the hospital in burnt condition, PW9 Dwarka Prasad, the then SHO, P.S. Gumanpura, Kota reached the hospital and recorded ParchaBayan Ex.P7 of Smt. Manju Bai at 8.15 p.m. wherein she stated that her marriage took place 14- 15 years ago. She is having two sons and two daughters. Today at about 6.00 p.m. her husband and her father-in-law Ramcharan were quarreling each other on account of illicit relations of her husband with Kamla Kumhar. When she told him about his illicit relations with Kamla, he lost his temper, poured oil on her and set her on fire. Thereafter he fled away. Her father-in-law Ramcharan and neighbour Hemsingh extinguished the fire. She got burn injuries. Thereafter she was brought to the hospital. On the basis of Parcha-Bayan Ex.P7, a case under Section 307 IPC was registered at P.S. Gumanpura, Kota at 9.30 p.m. on 31.3.97. The formal FIR is Ex.P8. As per the prosecution story, at the request of P.S. Gumanpura, dying declaration Ex.P4 of Smt. Manju Bai was also recorded by PW6 Ramesh Chand Sharma, Additional Civil Judge Cum Judicial Magistrate No.5, Kota in M.B.S. Hospital at 10.15 p.m. on the same day wherein the same facts were narrated by Smt. Manju Bai. Smt. Manju Bai succumbed to her injuries and post-mortem examination on the dead body was conducted by PW7 Dr. Ashok Mundra, Medical Jurist, M.B.S. Hospital, Kota on 1.04.97 at 10.30 a.m. and he prepared Post-mortem Report Ex.P6. Dr. Mundra found about 100% burn injuries on the body of Smt. Manju Bai which resulted in her death. Thereafter the SHO, P.S. Gumanpura proceeded with the inves-tigation for the offence under Section 302 IPC. The Investigating Officer reached on the spot and prepared Site Plan Ex. P 15. In mortuary room of M.B.S. Hospital, Kota, the Investigating Officer prepared Inquest Report Ex. P18. In the same incident while extinguishing the fire, Ramcharan and Hemsingh also sustained burn injuries. Ramcharan succumbed to his injuries whereupon postmortem examination on the dead body was conducted by PW2 Dr. Rakesh Sharma, Medical Jurist, M.B.S. Hospital, Kota at 1.30 p.m. on 5.4.97 and he prepared Post-mortem Report Ex.P14. Hemsingh was medically examined at 10.15 a.m. on 21.4.97 by Medical Jurist, Kota and he prepared Injury Report Ex.P23. Appellant Man Singh was medically examined at 10.30 a.m. on 01.04.97 by Medical Jurist, Kota and he prepared Injury Report Ex.P24. Witnesses were examined under Section 161 Cr.P.C. On completion of investigation, charge-sheet was laid against the appellant in the Court of Additional Chief Judicial Magistrate No.3, Kota who committed the case to the Court of learned Sessions Judge, Kota for trial. On transfer it was received by Special Judge. Learned Special Judge framed charge, under Section 302 IPC against the appellant who denied the charge and claimed trial. To prove this charge, the prosecution examined as many as 13 witnesses. In his explanation under Section 313 Cr.P.C., the appellant pleaded innocence. In defence no witness was examined.

(3.) Learned Special Judge after hearing the final submissions, convicted and sentenced the appellant as indicated here-in-above.