R.S.CHAUHAN, J. - (1.) CONVICTED for having killed his wife, Mrs. Raju Bai, and sentenced to life imprisonment and imposed with a cost of Rs.1000/ - and further directed to undergo one year of rigorous imprisonment for offence under Section 302 IPC, the appellant, Chandraprakash has knocked at the doors of this court. He has challenged the judgment dated 15.9.2004, passed by the Additional Sessions Judge (Fast Track) No.1, Jhalawar.
(2.) BRIEFLY , the facts of the case are that on 19.10.2003, at 11.25 PM, Ratan Singh, S.I., of Police Station Khanpur had recorded the statement (Ex.P.9) of Mrs. Raju Bai at the General Ward, Bed No.3. In her statement, she claimed that "two years ago she was married to Chandraprakash S/o. Kalu Lal Meena, r/o. Moomalhedi. Her parental place is at village Talchi. My Father's name is Chhitar Lal. My Gauna (a ceremony performed after the marriage of a woman whereby the woman is finally sent to her in -laws home) had taken place about twelve months ago. After my Gauna, I have been coming and going to my in -laws place. In my dowry, I was given T.V. and other things. Today, at 8.00 AM, my husband, Chandraprakash, father -in -law, Kalu Lal, my mother -in -law and my elder brother -in -law (Jeth), Pappu Lal, poured kerosene over me and put me on fire. The villagers came and doused the fire. Since I was not going for any work outside the house, therefore, I had been burned. In the evening when my father came to my village, I told him everything. Due to the fire, my complete body has been burned. Signed Raju Bai".
(3.) ON the basis of this Parcha Bayan (Ex. P. 9), a formal FIR (Ex.P.11), FIR No.450/2003, was chalked out for offences under Sections 498A and 307 IPC; the investigation began. During the course of the investigation, on the same night, i.e. on the night of 19.10.2003, at around 12.07 AM (technically the date is 20.10.2003), the Civil Judge (Jr. Div.) and Judicial Magistrate, Khanpur, Mr. Suresh Prakash Bhatt (P.W.5) recorded the dying declaration (Ex.P.7) of Mrs. Raju Bai. In her dying declaration, she claimed as under: - "Two years ago, I was married to Chandraprakash. On 19.10.2003, at 8 O'clock in the morning, my husband, Chandraprakash, poured kerosene on my body and burned me. My elder brother -in -law (Jeth), Pappu Lal, my father -in -law, Kalu Lal, and mother -in -law, Dwarika Bai, were present at the moment when I was burned. My mother -in -law, my father -in -law and my elder brother -in -law (Jeth) ensured that my husband would burn me. My mother -in -law, father -in -law and elder brother -in -law did not try to save me. I was burned inside the house with the use of a matchstick. Screaming, I rushed out to the house. I have studied till the eighth class. Since I would not go out for any work and would not do any labor, therefore, I have been burned. The villagers had gathered, but nobody tried to save me". A note attached to the dying declaration states that "since the woman is completely burned and since her hands are burned, therefore, she cannot sign the document. Therefore, her thumb impression is being recorded." Below the signature of the Judicial Magistrate, there is a note that "the injured woman, Smt. Raju Bai, is burned about 90%, but she is conscious and she has answered each question in a proper manner." Signed the medical officer Dr. Pratibha Mehta (P.W.8).;