Decided on October 21,2019



SANDEEP MEHTA,J. - (1.) The instant appeal under Section 374(2) Cr.P.C. has been preferred by the appellants herein aggrieved of the judgment dated 31.03.2012 passed by the learned Additional Sessions Judge (Fast Track No.1), Bikaner in Sessions Case No.25/2011 whereby the appellants herein were convicted and sentenced as below:- Accused Conviction for Sentences Default Appellants offence under Sentences Sections Shrawan Ram, 302 I.P.C. Life 3 months' S.I. Bhanwarlal, Imprisonment, Smt.Rupa Devi with fine of and Smt. Dhapu Rs.2,000/- Devi
(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinabelow:- Pooran Singh ASI Chhattargarh, District Bikaner proceeded to record the Parcha Bayan (Ex.P15) of Smt.Chandramukhi at the Burn Unit of PBM Hospital, Bikaner on 07.02.2011 at 1:20 p.m. wherein the lady alleged that she was married to Shrawan Ram (appellant No.1) about 5-6 years ago. Soon after the marriage, she was beaten and was turned out of the matrimonial home on account of demand of dowry. A case was registered in this regard and was pending in the Court concerned. She was at her matrimonial home where a quarrel ensued between her and her in laws owing to the dowry demand. Her mother-in-law, father-in- law, sister-in-law and husband poured kerosene upon her person with an intention of killing her. Her mother-in-law set her to fire due to which, she got severely burnt and became unconscious. On the basis of the Parchya Bayan aforestated, an FIR No.22/2011 (Ex.P/28) came to be registered at the police station Chhattargarh, for the offences under Sections 307, 498-A and 34 IPC. Investigation was assigned to Balraj Singh, SHO, PS Chhattargarh, who proceeded to the place of incident, prepared the site inspection plan, seized the incriminating material viz., soil drenched with kerosene, burnt clothes, pieces of skin of the victim, the plastic jerrycan etc. Statements of the concerned witnesses were recorded under Section 161 Cr.P.C. The accused were arrested. The matchbox used to set the victim on fire was recovered in furtherance of the information (Ex.P/34) provided by the accused Rupa Devi under Section 27 of the Indian Evidence Act.
(3.) It may be stated here that as Smt.Chandramukhi was alive, Pooran Singh, ASI upon being instructed by the SHO, submitted an application to the CJM, Bikaner for recording the statement of Smt. Chandramukhi. The C.J.M. authorised the Judicial Magistrate, Ist Class, Bikaner Shri Satpal Verma to record the statement of Smt.Chandramukhi who was admitted at Bed No.5 in the PBM Hospital, Bikaner. The Judicial Magistrate proceeded to the hospital and recorded the statement of Smt. Chandramukhi under Section 164 Cr.P.C. (Ex.P12). In this statement, Smt. Chandramukhi alleged that in the previous morning at about 8 o'clock, her husband, mother-in-law, father-in-law and Jethani were present at the matrimonial home. She was also present in the house which is located at the village Kharawas. They quarreled with her on the issue of household work and for demand of dowry. At that time, she was cleaning the house. Her mother-in-law caught hold of her, the father-in-law poured kerosene on her body. Her husband and jethani restrained her. Her mother-in-law set her to fire with a matchstick. She has a three year old daughter whereas her son had passed away. She was married about 6-7 years before the incident. To a pertinent question put by the Magistrate, Smt.Chandramukhi replied that previously also, the accused had beaten her up on account of demand of dowry for which a case had been registered and was pending in the Court. Previously also, she had been turned out of the matrimonial home. She gave out names of accused as Rupa Devi mother-in-law, Bhanwar Lal father-in-law and Dhapu Devi jethani. She further alleged that her aunt-in-law tried to save her and that the incident was perpetrated at the instigation of her uncle-in-law Sohan Lal. Smt. Chandramukhi expired on 16.02.2011 while undergoing treatment, whereupon offence under Section 302 IPC was added to the case. After concluding the investigation, the Investigating Officer proceeded to file a charge sheet against the accused persons for the offences under Sections 498-A, 304-B, 302, 498/109, 304-B/109 and 302/109 IPC in the Court of Judicial Magistrate No.3, Bikaner.;

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