GUMAN MAL LODHA, J. - (1.) RAKESH Kumar, the appellant, has filed this appeal against his conviction of life imprisonment with a fine of Rs. 200/ - (in default of payment of fine, two months further RI), for committing murder of Urmila by burning her alive.
(2.) SMT . Urmila Devi widow of Devi Sahay was a teacher in Railway Loco Primary School, Kota. Urmila did favour to Rakesh by maintaining him like a son. Rakesh developed bad habits and started harassing Urmila for getting money for liquor. Whenever Urmila refused to Rakesh, she was harassed and beaten. On the unfortunate night in between 29th and 30th August, 1979, Rakesh demanded money as usual from Urmila at about 10 p.m. and when Urmila refused, she was beaten. A constable on patrol took Rakesh and noted down the address of Rakesh which was objected to by Rakesh. Then Rakesh took his attachi and posed that he was going to Ahmedabad with the constable. Thereafter, they both took wine in the cooperative bank. Urmila having observed this felt frightened and, therefore, closed the doors and concealed herself in the kitchen. Later on, Rakesh came at about 2 -30 a.m. in the night and after enforcing her forcible entry, sprinkled kerosene oil on her and burnt her. Thereafter she shouted and some neighbours came there, who took her to the hospital.
(3.) AFTER recording statement on Parcha, Ali Mohammed sent the same at police station where a case No. 213/79 was registered Under Section 307, IPC, and investigation commenced. The statement was also got recorded by the police during investigation by Magistrate. At 1.20 p.m. Urmila died and the case was converted into under Section 302, IPC. During investigation the police prepared site plan and recorded statement of the witnesses under Section 161, Cr.P.C.;