- (1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Shriganganagar, dated December 9. 1978, whereby the accused-appellant has been convicted under sec. 302, I. P. C. ,and sentenced to imprisonment for life.
(2.) THE brief facts of the case which are relevant for the disposal of this appeal are that the accused - appellant was married to Smt. Lachmi about A\ years back from the date of the incident. THE prosecution case is that though the parents of Smt. Lachmi had given dowry according to their means, but the dowry fell short of the expectations of the accused and his parents. It was contended that the inadequate dowry brought strained relations between Smt. Lachmi, her husband and her in-laws. THE prosecution case is that after a year and half of the marriage of Smt. Lachmi, the accused and his parents demanded Rs. 6,000/- from Malaram, the father of Smt. Lachmi. Malaram could arrange Rs. 2,500/- only. THE part payment could not bring rapport between Smt. Lachmi, her father-in-law, mother-in-law and her husband. She was ultimately turned out from her in-laws house. She went thereafter, to live with her parents. THEreafter, a Biradari Panchayat was assembled and the father-in-law and the mother-in-law of Smt. Lachmi were persuaded to keep Smt. Lachmi with them and to give a good treatment to her. At the Biradari Pancha> at it was settled that Smt. Lachmi would go to her father's house, live there for about 10 days and would, thereafter, be brought to her husband's house at Narsingh Pura. In pursuance of this understanding Smt. Lachmi went to her father's house at Padampur. Om Prakash, the younger brother of the accused who was husband of Smt. Lachmi went to Narsingh Pura to fetch Smt. Lachmi. It is said, Smt. Lachmi asked her parents to give her the rest of the dowry amount which her in-laws were demanding, but as her parents could not arrange for the money, Smt. Lachmi went weeping with Om Prakash in the morning of April 25, 1978. The ladies who were neighbours to her father's house, namely, Smt. Chirya, P. W. 4 and Smt. Santosh Bai, P. W. 5 bade farewell to her The accused appellant felt annoyed with Smt. Lachmi and while she was sitting in the Kotha of the house, he asked her to go away. Smt. Lachmi did not go out of the house. The accused, it is alleged, lost patience and poured kerosene oil on her clothings and lighted a match stick and set her clothes to fire. It is contended that at that time the parents of the accused were sitting at out-door. Smt. Lachmi raised an alarm which attracted them as also others. It is said, thereafter, Smt. Lachmi was moved to the hospital. She was admitted in the hospital at 2. 40 P. M. on April 25, 1978. The Medical Jurist, Dr. Rajendra Kumar Gupta, attended her and finding her condition serious, he informed the local police for getting her dying declaration recorded. Dr. Gupta noticed that about 80 per cent of her body was covered with IInd degree burns with blister formation. Her clothes were burnt and were giving smell of kerosene oil. The brassary which she was putting on, was not, however, affected by the fire. Smt. Lachmi's condition was poor and the burns and blood pressure were not recordable, but she was conscious. The Medical Jurist further stated that during her examination the patient told him that her husband had poured kerosene oil on her clothings. Dr. Gupta prepared Ex. P. 2 and also seized her burnt clothes. During the seizure of clothes a 10 rupee note was also found: but it was also half burnt. Dr. Gupta forwarded all the clothes in a sealed packet to the police authorities along with his letter Ex. P. 3. On receipt of Dr. Gupta's letter, Ex. P. l, at the police station, Kotwali, Shri Ganganagar, the Assistant Sub-Inspector, Iqbal Singh, reached at the hospital and recorded the statement of Smt. Lachmi, Ex. P. 7 In this connection, she had told that the accused had poured kerosene oil on her clothings. The Judicial Magistrate No. 1, Ganganagar, reached the hospital for recording the dying declaration of Smt. Lachmi. Shri R. K. Songara, the Judicial Magistrate No. l, Ganganagar, after reaching the hospital, satisfied himself with the condition and the ability of the lady for giving her statement. Dr. P. K. Agrawal, who was on duty at that time, certified the fitness of the patient vide his certificate, Ex. P. 6. The statement of Smt. Lachmi was recorded at 4. 40 P. M. on April 25, 1978. The AS. I. , Shri Iqbal Singh, returned to the Police Station after doing the needful. He presented the necessary papers to the Station House Officer, who forwarded them to the concerned police station and a case under section 307, I. P. C, was registered against the accused-appellant Thereafter, Shri Surender Kumar, S. H. O. started investigation on April 27, 1978. On that day, he went to village Narsingh Pura and inspected the scene of occurrence Inside the Kotha he found a tin of kerosene oil containing about a half bottle of kerosene oil in it. A broken earthen pot, a half burnt quilt, certain piece of brass bangles and broken match box with scattered sticks and a can l/4th full of water were also found on the spot. The S. H. O. seized them vide Ex. P. 14. 2', 3 and 6" wide ground was also noticed as having been duel. The S. H. O. prepared the site map, Ex. P. 13, and mentioned relevant necessary details in Ex. P. 13 A. Smt. Lachmi succumbed to her injuries on April 28, 1978, at about 11. 45 A. M. Dr. Gupta was of the opinion that she had died due to shock caused by extensive burns to her. In the opinion of Dr. Gupta the injuries of burns sustained by the deceased were sufficient to cause her death in the ordinary course of nature. On the information of the death of the deceased the charge was altered to one under section 302, I. P. C. and P. W. 3, Shri Shiv Narain/a. S. I, was deputed to go to the hospital, where he prepared Ex. P. 8, the panchnama and the Surate-hal-Nash, Ex P. 9. After the post mortem examination of the deceased, he delivered the dead body of the deceased to her father, Mala Ram, vide receipt Ex. P. 10. The accused was arrested on May 3, 1978 and after investigation, he was charge-sheeted before the Court of the Munsiff-cum-Judicial Magistrate at Karanpur. The learned Magistrate committed the case to the court of Sessions at Ganganagar, from where, it was transferred to the court of the Additional District & Sessions Judge, Ganganagar, who decided this case.
(3.) IN order to prove the guilt the prosecution has examined 12 witnesses and have got 15 documents exhibited at the trial. The accused has pleaded not guilty to the charge and has pleaded alibi in support of his plea. He has examined six defence witnesses. The defence of the accused is that Smt. Lachmi was a frustrated wife of the accused and used to desert her husband for no rhyme or reason. It was further contended that there have never been any dispute regarding the dowry as alleged by the prosecution. As regards the incident on April 25, 1978, it was contended that the deceased had returned from her father's house and after her arrival at her in-laws house she herself poured kerosene oil on her clothes in an effort to commit suicide with a view to falsely implicate her innocent husband and her in-laws. It was further contended that at the time of the incident, the accused alongwith his brother, was working in his Khala and was not at all present at the house. It was further suggested that during the course of investigation, the Additional Superintendent of Police, Shri Ganganagar, had visited the village and had collected the villagers and had enquired of them about the cause of the death of the deceased. At that time, D. W. 1, Deda Ram and D. W. 3 Om Prakash, had taken special oath and had entered the village temple with their children in their lape and had stated that they were confident that the accused had not committed the ghastly crime. The defence has tried not only to prove the alibi of the accused by showing his presence in his Khala at the time of incident, but has also tried to impress and stress upon the innocence of the accused by leading some positive evidence in that behalf. ;