Kasliwal. J. - (1.)The learned Additional Sessions Judge No. 3, Dholpur by his judgment dated April 7, 1983 convicted the accused appellants Gulab and Hukna under sections 396 and 302 IPC. Both the accused person have been sentenced for life imprisonment and a fine of Rs. 2,000/- in default of payment of fine to further undergo rigorous imprisonment for six months under section 395 IPC. No separate sentence has been awarded under section 302 IPC as both of them were already sentenced to imprisonment for life under section 396 IPC.
(2.)Briefly stated the prosecution story is that Munna, one of the accused persons, lodged a written report Ex. P 17 at Police Station, Sarmathura on September 26, 1980, alleging that in the night intervening June 28 29, 1980 at about 12.10, 7 miscreants entered inside the house armed with weapons. After entering inside the house the miscreants awakened Ramji Lal, who was sleeping in the court-yard of the house and asked as to who was he. Thereafter, two miscreants caught held of Ramji Lal, and five miscreants went inside the house. It was alleged that on this the informant also woke up and got: wakened the other inmates of the house. The miscreants caught of the informant and asked his name and thereafter inflicted a blow by the Butt of the gun and brought him outside and also brought his relation and made him to stand nearby. Two of the miscreants remained standing near them and the other miscreants went inside the house and got decamped the ornaments of the woman folk. Thereafter, the informant aunt Mathuri was caught hold by the miscreants and asked her to disclose the valuables She was beaten by Dandas and then Mathuri threw the key in front of the miscreants and told to take out the valuables from the place where they could trace. The miscreants then told Mathuri that she would be killed unless she herself took out the valuables. Mathuri on this told that she had no valuables with her and the miscreants then sprinkled kerosene oil on Mathuri and burnt her. It was further alleged that Ramji Lal, who was brother-in-law (gainer side) of the informant gave a push to one of miscreants and made escape so as to reach to village Baroli. On a hue and cry raised by Ramji Lal many villagers come on the spot but before the villagers could reach on the spot the miscreants had run away after looting the property. In the report it was also mentioned as to what clothes were put on by the miscreants. All the miscreants were armed with guns. The condition of Mathuri was seriltus as such she had been sent to hospital at Ban. It was further mentioned that the list of the valuables taken away in the dcoeity will be submitted after preparing at the site. It was also mentioned that his brother-in-law Ramji Lal, aunt Mathuri, his mother and himself can identify the miscreants and the ornaments if brought before them. On the basis of the aforesaid report the In-charge Police Station entered the FIR Ex. D18 in the Rojnamcha' A case was registered under sections 458, 380 and 307 IPC.
(3.)Mst. Mathuri was clinically examined by PW 7 Dr. Virendra Gopal, Medical Officer In-charge Hospital, Ban, and recorded the injuries in Ex. P12. Dying declaration of-Mst. Mathuri was also recorded by Lal Chand Kalra PW 17 ASI Police Station Ban vide Ex-P19. As the condition of Mst. Mathuri was serious as such she was taken to Hospital at Dholpur. Mst. Mathuri sustained to the injuries on July 1, 1980 and her autopsy was conducted by Dr. Mohan Lal Maru PW 12 on July, 1980. According to Dr. Mohan Lal the cause of death of Mathuri was shock due to extensive Burns. The Police after usual investigation filed a challan against Munna, Gulab and Hukma. Proceedings under section 239 Cr. P.C. were taken against accused Kanwar Lal and one of the accused Badri died during investigation in an encounter on November 3, 1980. The case was tried against the three accused persons Munna Gulab and Hukma by the learned Additional Sessions Judge No. 3, Dholpur. Charges under sections 396, 120-B, 302 were framed against the accused Gulab and Hukma and charges under sections 396, 120-8 and 302/149 IPC against accused Munna. All the accused persons denied the charges and claimed to be tried. The prosecution in support of its case contained 20 witnesses. The accused persons in their statements recorded under sections 313 totally denied the incident. Accused persons Gulab and Hukma further stated that they had been falsely implicated in the case by the third accused Munna, Munna had taken a loan of Rs. 5,000/- each from both the accused persons Gulab and Hukma for purcbasing a truck but he neither purchased the truck nor returned the amount. A dacoity had taken place and when they demanded their money from Munna then they have been falsely implicated by Munna. The accused persons did not lead any evidence in defence.