D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 1 IN THE HIGH COURT OF JUDICATUARE FOR RAJASTHAN AT JODHPUR. JUDGMENT Kishna Ram vs. The State of Raj. & ors. D.B.Criminal Revision No.205/2008 under Section 401, Cr.P.C. Against the judgment dated 6.12.2007 passed by the learned Addl. Sessions Judge(Fast Track), No.1, Jodhpur in Sessions Case No.11/2006. Date of Judgment: July 03, 2008. PRESENT HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA,J. Mr. A.R. Nikub for the petitioner. Mr. J.P.S.Choudhary, P.P. for the State. BY THE COURT : The complainant Kishna Ram has preferred this revision petition because of the acquittal of accused-respondents no.2 to 5 by the court of learned Addl. Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.11/2006 vide judgment dated 6.12.2007. Brief facts of the case are that on 11.11.2005 Smt. Usha D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 2 gave a Parcha-Bayan (Ex.P.8) that her marriage took place about 10-12 years ago with accused-Bhagirath(respondent no.4) but she was sent to her husband only three years ago as per custom which is known as Muklava. Two months before from the time of incident, she came to her husband's house from her parents' house. She alleged that her husband used to harass her and used to tell that she should go back to her parents' house. She further stated that four days ago, in the night at 9 p.m. when her father-in-law, mother-in-law, husband and husband's brother were watching TV, at that time, she was given beating by these family members and she was told that what your father will do of us. Thereafter, her father-in-law, poured kerosene over her and lit the match and burnt the victim complainant Smt. Usha. When she tried to run away, she was caught by her husband and was not allowed to go out from the house. She cried, upon which neighbour Saturam Kumhar came and he saved the complainant. She stated that what happened thereafter, she had no knowledge. She also stated that two months before when she went to her D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 3 parents' house and told her mother, father and brothers that she is being harassed by her in-laws then her family members told her that she will have to live in her in-laws' house only. On the basis of above Parcha-Bayan(Ex.P.8), FIR No.148/05 was registered under Section 498A, 304B and 120B, IPC. Before the victim died, her dying declaration (Ex.P.17) was recorded by the Judicial Magistrate PW-12 Ashwani Kumar. Initially challan was filed in the court of Judicial Magistrate, Pipar City and ultimately the case was committed to the court of Sessions Judge and transferred to the court of Addl. Sessions Judge (Fast Track) No.1, Jodhpur. Charges under Sections 498A and 302, IPC were framed against accused Nathu Ram @ Natha Ram, father-in-law of the victim in view of the fact that subsequently the victim died. Against other accused Gajendra, Smt. Keli, Bhagirath and Smt. Kamla, charges under Section 498A and 302/120B IPC were framed. The accused denied the charges and sought trial. The prosecution produced as many as 13 witnesses and produced in documentary evidence; Ex.P.5 the seizure memo of the D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 4 kerosene jerrycan, the burned sari of deceased and match- box. The accused-persons were arrested. The trial court after trial convicted accused Bhagirath husband of victim Smt. Usha under Section 498A, IPC and accused Nathu Ram @ Natha Ram, father-in-law of victim Smt. Usha under Section 302, IPC as well as under Section 498A, IPC. Bhagirath was sentenced to three years' simple imprisonment with fine of Rs.500/- and in default thereof to undergo one months simple imprisonment. The convict Nathu Ram @ Natha Ram was sentenced to undergo life imprisonment under Section 302, IPC with fine of Rs.1000 , in default thereof to undergo three months' simple imprisonment. Other accused Gajendra @ Kheta Ram who is brother of victim's husband, Smt. Keli mother-in-law of the victim and Smt. Kamla wife of the accused Gajendra were acquitted for charge under Section 498A and 302/120B, IPC and hence the complainant has preferred this revision petition. According to the learned counsel for the complainant- D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 5 petitioner, the witnesses clearly stated that all above accused gave beating to the victim before burning her. In dying declaration recorded by the Judicial Magistrate Shri Ashwani Kumar (PW-12), the victim clearly stated that at that time she was given beating by all the accused-non-petitioners and thereafter her father-in-law Nathu Ram @ Nathu Ram burnt the victim. The trial court relied upon the dying declaration as well as oral evidence but misinterpreted the evidence as well as the dying declaration and acquitted the non- petitioners for charge under Section 302/120B as well as under Section 498A IPC. We considered the submissions of the learned counsel for the petitioner and perused the record. More emphasis of the learned counsel for the petitioner is on dying declaration(Ex.P.17). The dying declaration is in brief. In the dying declaration the only allegation of the victim is very specific that her father-in-law poured kerosene over her and lit the match-stick, obviously from which she was burnt. She only stated that at that time her mother-in-law, D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 6 her brother-in-law (husband's younger brother) her husband's younger brother's wife and her husband were present in the house. Not a single word that any of persons referred above took part in burning the victim Smt. Usha. Her allegation in the dying declaration is that there was quarrel and she was told that she should go to her parents' house. She stated that her in-laws were not willing to keep her. She further stated that “my husband used to not to talk with her”. She stated that “she had no child and, therefore, they do not want to keep me.” She stated that after marriage, she was harassed. The dowry was also demanded but in the dying declaration it is not stated who demanded the dowry. She stated that “my husband gave me beating.” She also stated that only two months ago, she came to in-laws' house and she was saved by her husband's elder brother Satu who was residing near the house of the accused. Therefore, from the dying declaration it is clear that the allegation of burning the victim is only against and very specific against the one person Nathu Ram father-in-law of Smt. Usha victim and not against any body. In D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 7 the dying declaration no word can be inserted when that is not there. The dying declaration was considered by the learned trial court in detail and further oral evidence was fully considered and the court found the distinct case of the non-petitioners who have been acquitted by the trial court. Not only this, the prosecution witness PW-5 Sugna Ram and PW-6 Badri Ram, in their statements, stated that when they heard the voice from the house of Nathu Ram, they ran in the house of Nathu Ram where Smt. Usha was burning. They intervened and Smt. Usha told them that her head went wrong and she had burnt herself whereas PW-5 Sugna Ram and other witnesses stated that Smt. Usha told that her head went wrong and she has burnt herself and told him to go and call her mother-in-law and father-in-law from the agricultural field. In view of the above statement of the prosecution witnesses PW-5 Sugna Ram and PW-6 Badri Ram and after going through the dying declaration(Ex.P.17), we are of the view that the trial court has not committed any error of fact D.B.Revision No.205/2008 Kishna Ram v. State of Raj. & ors. 8 or law so as to call for any interference by this Court in the order of acquittal of the non-petitioners. Hence we do not find any merit in this revision petition. The revision petition is, therefore, dismissed. ( CHAND MAL TOTLA) ,J. (PRAKASH TATIA),J. mlt