MAHENDRA BHUSHAN SHARMA, J. - (1.) ACCUSED -appellant Navaratan Mal alias Babu stands convicted under Section 302, IPC for having caused the death of his wife Smt. Prem by burning. He has been sentenced to undergo imprisonment for life.
(2.) THE facts, in brief, are that the accused owns a house, bearing Municipal No. 697, situated in Ghee -Walon -ka -Rasta, Jaipur. He used to reside in it along with his wife Smt. Prem deceased, son Bhanwar Lal, and father Ram Chandra and other persons. There were some other persons in the house, viz. Smt. Yasoda (PW 1), Sukhkaram (PW 2), and Smt. Sushila (PW 5). According to the prosecution case, accused Navaratan Mal was in the habit of taking alcohol, used to quarrel with his wife Smt. Prem used to beat her off and on. On March 3, 1973, at about 2.30 p.m. the accused came from outside under the influence of alcohol and started quarreling with his wife Smt. Prem, deceased. The accused sprinkled kerosene on her clothes, lit a match stick and set fire to her. This was done when she was busy in kitchen. She was soon in flames. The accused did not make any attempt to extinguish the fire to save his wife. Smt. Prem some how or the other gathered strength, came out of the house, took an auto -rickshaw and went to the SMS Hospital, Jaipur with her son Bhanwarlal (DW 6). She was admitted in the Emergency Ward. Her injuries were examined by Medical Jurist Dr. D.S. Chauhan (PW 9) at about 5.10 p.m. The said Dr. Chauhan also recorded the dying declaration of Smt. Prem which is available on record as Ex.P 10, where in the deceased, Smt. Prem is said to have made at statement to the Doctor that it was her husband who had set fire to her. The Compounder on duty Shri Purshotam Mehta telephoned to the Incharge of the control room informed on telephone to the Police Station, Ramganj about the incident and also gave out that the woman has given out that her husband has sprinkled kerosene on her and set fire to her. A report was entered at No. 156 in the general diary of the Police Station, Ramganj. Ram Bahadur SI Ramganj (PW 11) took over the investigation, reached the SMS Hospital, Jaipur and recorded the statement of Smt. Prem under Section 161, Cr.PC, where in also she stated that her husband, accused appellant, after sprinkling kerosene set fire to her. As her condition improved a bit on March 6, 1978, Ram Bahadur (PW 11) addressed a letter to the Judicial Magistrate, First Class, No. 7, Jaipur City, requesting him to record the dying declaration of Smt. Prem. Ex. P 8 is the letter of Ram Bahadur, which was presented before the learned Magistrate, Shri Mani Shankar Vyas (PW 8) on the March 5, 1978 at the residence. Mani Shankar Vyas went to the Hospital and there Dr. S.S. Yadav certified that Smt. Prem was in a fit state of mind to make dying declaration.
(3.) IT may be stated at this stage that arguments in this case had been heard by a Division Bench of this Court and, it was thought proper on April 23, 1984, that compounder, Purshottam Mehta of the SMS Hospital and Dr. S.S. Yadav should be explained in the interest of justice. It was further ordered that Shri Mani Shankar Vyas and Dr. B.S. Chauhan should be recalled. In pursuance to the aforesaid letter of this Court, Shri Mani Shankar and Dr. B.S. Chauhan were called and were further examined. Dr. S.S. Yadav and Shri Purushottam Mehta Compounder were also examined by this Court.;