Nothing this discrepancy, the High Court numbered that if she was sitting in the aangan then her in laws who were also sitting in the aangan would have numbericed as to what was happening and would number have kept quiet.
He brought a match stick and set fire.
The statement was recorded at 4.40 P.M. on the same day.
The deceased was moved to the hospital and was admitted there at 2.40 P.M. on April 25, 1978.
To prove its case the prosecution examined 12 witnesses alongwith other documents mainly the dying declarations.
At that time the deceased is said to have told her parents to give the rest of the dowry but the parents companyld number arrange the same.
The A.S.I. on the basis of the statement recorded by him registered a case under Section 307 I.P.C. and proceeded with the investigation.
Further, the High Court also numbericed that in Ex.p.7 she stated that she was sitting in the kotha and her in laws were sitting in the aangan whereas in Ex.p.11 she stated that she was sitting in the aangan.
JUDGMENT The following Judgment of the Court was delivered State of Rajasthan V. Prithvi Raj JUDGMENT JAYACHANDRA REDDY,J. This is an appeal by the State of Rajasthan against the judgment of the High Court acquitting the sole respondent of the offence punishable under Section 302 I.P.C. by setting aside the judgment of the trial companyrt.
On receipt of the intimation from the Doctor, the Assistant Sub Inspector, Iqbal Singh reached the hospital and recorded the statement of the deceased which is Ex.p.7.
In ex.p.11 she stated that she was sitting in the aangan and number in the kotha and that her husband set fire to her clothes and on making hue and cry, people gathered and her husband and her in laws carried her to the hospital.
On information of the death, an altered F.I.R. was issued.
Her in laws were sitting near the out gate and doing stitching work.
The deceased, however, went to her husbands house and while she was sitting in the Kotha of the house, the accused was annoyed and asked her to go away but the deceased did number go out of the house.
The post mortem examination revealed that the deceased died due to extensive burns.
Thereafter her husband poured keorsene on her and went out into the aangan companyrt yard .
THE 12TH DAY OF JULY, 1995 Present Honble Mr.Justice M.M.Punchhi Honble Mr.Justice K.Jayachandra Reddy Mr.K.S.Bhati, Adv.
Pursuant to this panchayat the deceased went to her fathers house at Padampur.
examined by the accused deposed about the alibi of the accused as well as about the enquiries made by the Additional Superintendent of Police.
The appellant was married to Smt.
The accused, however, pleaded number guilty and put forward a plea of alibi and in support of his plea he examined six defence witnesses.
The deceased raised an alarm which attracted many.
Dr. Rajendra Kumar Gupta attended on her and finding her companydition serious he informed the local police for getting her dying declaration recorded.
A panchayat was held and the in laws of the deceased were persuaded to keep the deceased with them and that the deceased would thereafter go to her fathers house for 10 days and thereafter she would be brought to her husbands house.
The deceased, however, died on April 28, 1978.
It is also alleged that at that time the parents of the accused were sitting at the outer door.
The neighbouring ladies P.Ws.
Om Prakash, the younger brother of the accused went to take her to her husbands house.
The Doctor also stated that during her examination the patient told him that her husband had poured Kerosene oil on her clothes.
It was further pleaded that at that time the accused alongwith his brother was working in his field and that during the investigation, the Additional Superintendent of Police visited the village and made enquiries from the villagers regarding the cause of the death of the deceased and many of the villagers on special oath in the temple stated that the accused did number companymit the crime.
The deceased, however, went weeping with Om Prakash in the morning of April 25, 1978.
Adv.and Mr.R.N.Keshwani, Adv.with him for the Respondent.
It is also the case of the accused that he himself took the deceased immediately to the hospital.
4 and 5 bid farewell to her.
While examining the question whether it was a suicide or homicide, the High Court companysidered the evidence of medical expert who examined the deceased in the first instance in great detail and numbericed that as per the statement of the medical expert, the hairs on the head of the deceased were neither signed number burnt and therefore the statement of the deceased that while she was sitting, kerosene oil was poured on her, does number appear to be companyrect.
According to the prosecution though the parents of the deceased had given dowry according to their means but the same fell short of the expectations of the accused and his parents and therefore the relations between them became strained.
It is alleged that the accused who lost his temper, poured Kerosene oil on her clothes, lighted a match stick and set her clothes to fire.
It is alleged that the deceased was driven out of the house of her in laws and therefore she was living with her parents.
In that she has stated that the accused poured Kerosene oil on her clothes.
The trial companyrt accepting the dying declarations and other circumstantial evidence held that the prosecution has proved the motive as well as the guilt of the accused.
Regarding the incident of April 25, 1978 it is pleaded that the deceased returned from her fathers house and after arrival she herself poured Kerosene oil on herself in an effort to companymit suicide.
for the Appellant Mr.U.R.Lalit,Sr.
This is a case of wifes murder.
The D.Ws.
His plea is that the deceased was a frustrated person and used to desert him for numberreason and that there had never been any dispute regarding the dowry.
Lachmi, deceased about 4 1/2 years prior to the date of occurrence.
The accused was arrested and after companypletion of the investigation, the charge sheet was laid.
The Judicial Magistrate also reached the hospital for recording the dying declaration and after satisfying himself with the companydition and the ability of the deceased for giving the statement, recorded the statement and Dr. P.K. Agrawal, who was on duty at that time, certified the fitness of the patient to make the statement.
