KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction and sentence dated 14.2.2003 passed by the court of Addl. Sessions Judge (Fast Track), Hanumangarh in Sessions Case No.150/2001 by which the trial court convicted the accused-appellants under Sec. 449/34 and Sec. 302 Penal Code and sentenced them to undergo life imprisonment under each charge and imposed a fine of Rs.500.00 on each of the appellants and in default thereof to undergo one month's simple imprisonment.

(2.) Brief facts of the case are that on the basis of Parcha Bayan Ex.P/20 recorded on 17th July, 2000 at 12.15 PM of victim deceased Ms. Nirmla D/o Brijlal aged 18 years, resident of Gali No.4, Ward No.24, Indira Colony, Hanumangarh Town, who was admitted in Government Hospital, Hanumangarh and was lying on bed no.24 of female ward-B, a FIR no.283/2000 under Sec. 452, 307 read with Sec. 34 Penal Code was registered.

(3.) As per Parcha Bayan of Ms. Nirmla, in front of her house, there was house of owner of Govind Haryana Cloth Store. In the said house, the accused-appellant no.1 Kishore was residing as tenant. Yesterday (i.e., on 17th July, 2000) in evening at about 7.00 PM, the complainant Nirmla was sitting in her house with her father Brijlal, mother Kaushaliya and maternal-grand-mother Phoola. The accused-appellant no.1, who took liquor for whole of the day, disconnected and broke down the disc connection of complainant's TV and started abusing the complainant and her family members in filthy language. The complainant's mother and father asked accused Kishore to go away from there, upon which, the accused-appellant Kishore told that he will remain there and he will die there only. According to the complainant then her father told complainant to bring her maternal uncle Banti, her maternal aunt Shanti and her uncle Subhash. The complainant went to bring those persons from Pareek Colony. About 7.30 PM or quarter to 8 she came back with her maternal uncle Banti, maternal aunt Shanti and her uncle Subhash and she found that in the courtyard of her house, her mother was lying on Charpai and neighbour including one Sabeer Lakhara were also present there. The complainant's mother told complaint that, after she left the house to bring her above relatives, the accused-appellant Kishore caught her neck and threw her in drain. Kishore's mother started beating complainant's father. Thereafter, complainant's mother, father, maternal uncle, maternal aunt and uncle proceeded to report the matter to police station. The complainant and her maternal-grand-mother and younger sisters Geetu and Dhapa remained in the house. The neighbours also left the place. At about 8.30 PM when the complainant was preparing to cook food then the accused-appellant Kishore with his mother Noora and sister Soma came in the house of complainant. Noora caught complainant and Kishore pour kerosene on her and Soma sister of Kishore burned her by match stick. The complainant rushed outside her house and went to a public tape. She lie there to stop the fire. Hearing the voice, neighbour Sabeer Lakhara again came on spot. Thereafter, one Sukha also reached on spot, who rushed to inform complainant's mother and father, who already on the way to police station to lodge report about incident committed by Kishore earlier of pushing complainant's mother in drain. Sabeer brought a tempo and put complainant in said tempo and proceeded towards the Government Hospital of Hanumangarh town where she was admitted. When she was being taken for hospital in the tempo, her mother, father, maternal uncle, maternal aunt and uncle reached to her. She also stated in the Parcha Bayan that the kerosene in the jaricane was brought by Kishore and all the three accused-appellants with common intention to kill the complainant pour kerosene on her and burned her. During investigation, the complainant Ms. Nirmla died and the case under Sections 302 and 453 Penal Code was registered.