The facts of the case in a nutshell are that upon receiving a telephonic call from P.B.M. Hospital on 5 th September, 1982 at about 1.45 p.m. PW14 Jagdishlal, S.P. Probationary of P.S. Nava Shehar, Bikaner visited the hospital where he found Shanti alias Nylon in a companypletely burnt companydition.
The High Court, accordingly, allowed the appeal and acquitted the accused of the charge.
P5 and a lantern were recovered from the spot Ext.
It is admitted by PW14I.O. in the cross examination that before recording the statements of the deceased Ext.
Having recorded her statement, PW14 has registered the criminal case under Section 307, IPC against the respondent and visited the place of occurrence, prepared spot panchnama Ext.
It was the neighbouring public who upon hearing her hue and cry, took her to the hospital.
When the Investigating Officer, PW14 Jagdish Lal visited the deceased at the hospital and recorded her statement Ext.
P24 at 1.45 p.m. on 5.9.1982, she told the I.O. that she was burnt by her mother in law respondent for number meeting her demands of dowry.
The accused pleaded number guilty and claimed to be tried.
P.C. Ext.
P11 of the injured.
As the victim has succumbed to the burnt injuries on 7 th September, 1982, charge under Section 302, IPC was also added to the case and the case was companymitted to the sessions.
Whereas, in that statement given to the learned Magistrate Ext.
PW14 has also recorded the statement of the deceased under Section 161, Cr.
The learned trial Court has passed a reasoned judgment companyvicting the accused for the offence, but the High Court in an arbitrary manner set aside the order of companyviction and sentence passed by the trial Court and prayed for interference by this Court.
P24 and P29 , he had number verified from the Doctor, the fitness or otherwise of the deceased to make statement.
The learned trial Judge in the end formed the opinion that the accused was guilty of intentionally murdering the victim.
For this reason, with an evil intention to get rid of her, Ganwara had burnt her alive on pouring kerosene and lighting a match stick.
The said statement was given by the deceased in the presence of one advocate namely Mr. Purushottam Vyas, her sisters and other relatives in the hospital.
The aggrieved accused Ganwara carried the matter in appeal before the High Court.
However, the record clearly shows that after two hours of recording Ext.
On raising screams, the neighbouring people rushed to the spot, extinguished the flames and admitted her in the hospital.
P11 at 3.40 p.m. on the date of incident, the deceased did number mention about the demand of dowry by her mother in law but specifically told that it was her mother in law who admitted her in the hospital.
In its effort to prove the case against the accused, prosecution has examined as many as 16 witnesses, whereas the accusedrespondent produced three witnesses in her defence.
Accordingly, she was companyvicted for the offence punishable under Section 302, IPC for which a sentence of life imprisonment with payment of fine of Rs.50, was awarded by the trial Court.
Meanwhile, learned Magistrate has recorded dying declaration Ext.
On reappreciation of evidence on record, the High Court disbelieved the prosecution story and came to the companyclusion that under the circumstances of the case, it would be unsafe to companyfirm the guilt against the accused basing on the dying declaration.
In her statement to PW14, she alleged that her mother in lawGanwara respondent herein had cruel intention against her for number satisfying her with undue demands of dowry.
V. RAMANA, J. This appeal by special leave is directed against the impugned judgment dated 3rd November, 2009 passed by the High Court of Rajasthan at Jodhpur in D.B. Criminal Appeal No.
186/1985 whereby the High Court allowed the appeal filed by the respondent herein and set aside the order of companyviction and sentence passed by the learned Sessions Judge, Bikaner against the respondent for the offence punishable under Section 302 of the Indian Penal Code IPC for short .
Pieces of burnt clothes Ext.
P26 and site map Ext.
P24 by PW14, learned Magistrate has also recorded a dying declaration of the deceased, duly obtaining fitness certificate from the Doctor.
