ABHAY CHATURVEDI,J. - (1.) The appellants herein have been convicted and sentenced as below vide the judgment dated 20.01.2017 passed by learned Addl. Sessions Judge No.1, Nagaur in Sessions Case No.94/2016 (51/2013) (Computer No.280/14):- Offences Sentences Fine Fine Default sentences Section 498-A 3 Years' Rigorous Rs. 10,000/- 1 Month's R.I. IPC Imprisonment Section 304-B, 10 Years' Rigorous - - 304-B/34 IPC Imprisonment Section 302, Life Imprisonment Rs. 25000/- 6 Months' R.I. 302/34 IPC The substantive sentences were ordered to run concurrently. Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374(2) Cr.P.C.
(2.) Brief facts relevant and essential for the disposal of the instant appeal are noted hereinbelow:- Smt. Jasoda D/o Shri Bhanwarlal Meghwal was married to the appellant Mani Ram about three years prior to the incident. She had a five months girl child, as on the date of incident. Smt. Jasoda was admitted at the Government Hospital, Jayal on 04.04.2013 where she gave a Parcha Bayan (Ex.P/21) to Shri Bharat Singh, SHO PS Jayal alleging that on the previous night, her mother-in-law Dhapudi and father-in-law Ramu Ram had quarrelled with her. Her father had called in the night upon which, her husband Mani Ram gave the phone to her so that she could talk to her father. On this, her father-in-law and mother-in-law became enraged and told her husband as to why he had given his phone to her. Her husband also used to quarrel and harass her. In the morning, her mother-in-law, father-in-law and husband poured kerosene on her and set her to fire. The third year of her marriage with Mani Ram was running. Soon after her marriage, her matrimonial relatives started harassing her. She was at her husband's house for the last five-six months. She was set to fire in the morning at about 6 O' clock after being harassed for dowry demand.
(3.) On the basis of this Parcha Bayan (Ex.P/21), an FIR No.58/2013 (Ex.P/31) was registered at the Police Station Jayal, District Nagaur for the offences under Sections 498-A and 307 IPC. Smt. Jasoda was referred to Jodhpur and was admitted in the Female Burn Ward, Mahatma Gandhi Hospital, Jodhpur where on the requisition of the IO and after taking a fitness certificate from the treating medical officer, Dr. Dinesh Dutt Sharma (PW.27), Shri Akhilesh Kalyan, Metropolitan Magistrate No.2, Jodhpur Metro (PW.28), recorded the dying declaration (Ex.P/35) of Smt. Jasoda under Section 164 Cr.P.C on 05.04.2013. In this statement, Smt. Jasoda stated that she had been married to Mani Ram about three years ago. She was having a girl child named Mamta, aged five months. Her mother-in-law Dhapu, father-in-law Ramu Ram, Nandoi Shriram, Nanad Raju and husband Mani Ram used to pressurize her for bringing money from her father's house. She brought money once from there but the accused were not satisfied. All five poured kerosene on her and set her to fire in the morning at about 5 O' clock. The kerosene was lying at home. All of them beat her up, poured kerosene and set her to fire. The fire was doused by two females from the neighbourhood; one being a Harijan and the other being a Jat. She was taken to the hospital by her father. When the incident took place, her 14 years old Devar and Nanad were in the house but they did not wake up. Smt. Jasoda expired on 08.04.2013 while undergoing treatment at Mahatma Gandhi Hospital, Jodhpur. The dead body was subjected to postmortem by a Medical Board which issued the postmortem report (Ex.P/22) opining that the cause of death of Smt. Jasoda was septicemia as a result of excessive burns. After the death of Smt. Jasoda, the offence under Section 302 IPC was added to the case. All the three accused-appellants were arrested. Upon concluding investigation, the Investigating Officer filed a charge sheet against them for the offences under Sections 498-A, 302, 304-B IPC. Since the offences were sessions triable, the case was committed and transferred to the Court of Addl. District and Sessions Judge, Nagaur for trial.;