In DB Criminal Appeal No.20 of 2002 preferred by the respondent, the High Court of Judicature for Rajasthan at Jaipur by its judgment and order dated 07.03.2006 acquitted him of the charges under Sections 302 and 201 IPC but companyvicted him under Section 306 IPC and sentenced him to undergo 5 years RI, which judgment is under challenge in this appeal by Special Leave.
On 21.09.2000 at about 911 p.m. a report Ext.
They died of strangulation and their bodies were sought to be set afire in order to create an impression as if they had died of burn injuries.
The post mortem on the bodies was companyducted by a Board companysisting of three doctors.
The finding by the trial companyrt was therefore companypletely companyrect.
Relying on the decision of this Court in Sumer Singh v. Surajbhan Singh1 Mr. Sushil Kumar Jain, learned Senior Advocate appearing for the respondent companytended that he was entitled to submit that the respondent ought to be acquitted of all the charges.
The medical evidence on record is very clear and precise that deaths were as a result of strangulation.
Face is swollen.
When the smoke arose in the house and sounds of the crying came out of the house, the neighbour came running to my shop and informed me.
My wife was half mad.
No smell like kerosene like substance.
P14 to P19, it is very clear that the deaths of Anita and Ekta were number as a result of burn injuries.
Inquest Reports Exts.
This appeal, at the instance of State of Rajasthan challenges the companyrectness of the decision of the High Court.
Burns limited upto skin only.
The report Ext.
P 14 to P 19 were also taken and site plan Ext.
On the next day at about 615 a.m. a written report Ext.
My marriage took place some 10 years ago on 21.09.2000.
The above report is produced.
Sd Yours Ramanand Agrawal S o Shri Vishashwar Dayal S. Dabla The aforesaid report was registered in the Case Diary and appropriate steps under Section 174 Cr.
I saw my wife and daughter were burnt to death.
Photographs of the bodies Exts.
P.C. were taken by PW14 Tulsi Ram who at the relevant time was Incharge of Police Station Patan.
D 1 was lodged by the respondent to the following effect To The S.H.O. S. Patan Sir, Most respectfully I submit that my wife burnt to death this evening on 5.30 p.m. I was at my shop and my brother was also there.
The charges were framed against the respondent, his mother Narangi Devi and brother Vinod Kumar for the offences under Sections 498A, 302/34, 201 IPC while his other brothers Mukesh Kumar, Moolchand and Mahesh Kumar were charged for the offences under Section 201/511 IPC.
The respondent having remained in custody for more than five years and four months, the sentence was reduced by the High Court to the period already undergone.
P 2 was received by PW15 ASI Rajendra Singh, pursuant to which crime was registered and investigation was undertaken.
The whole body has burns Post mortem in nature except back of trunk and hips.
As regards Anita, the report Ext.
The respondent, being aggrieved filed DB Criminal Appeal No.20 of 2002 in the High Court which found that charge under Section 302 IPC was number established against the respondent.
P 21 at the place of occurrence was also prepared.
Hair of head pubic area are partially burnt and axillary hair are totally burnt.
Having gone through the post mortem report, the testimony of PW10 Dr. Surendra Kumar Meena and the photographs Exts.
I went to the house, went up the stairs and pushed the door open.
My mother and younger brothers wife had gone to our house in Bihar.
After companypletion of investigation, charge sheet was filed against six persons including the present respondent.
P 2 was received from PW2 Rakesh Agrawal, brother of deceased Anita that his sister and niece were burnt to death that his sister was being harassed for dowry and that the respondent and his family members were responsible for the deaths of his sister and niece.
P 6 and P 7 were prepared regarding the bodies of Anita and Ekta and they were sent for autopsy.
Uday Umesh Lalit, J. The respondent was companyvicted by the Trial Court under Sections 302 and 201 IPC for having companymitted murder of his wife Anita and daughter Ekta and was sentenced to undergo life imprisonment for the offence under Section 302 and 3 years RI for that under Section 201 IPC in Sessions Case No.62 of 2000.
She was burnt to death.
