STATE OF RAJASTHAN Vs. LADHUDI
LAWS(RAJ)-2013-1-38
HIGH COURT OF RAJASTHAN
Decided on January 08,2013

STATE OF RAJASTHAN Appellant
VERSUS
Ladhudi Respondents

JUDGEMENT

MATHUR, J. - (1.)BY the judgment dated 3.5.1989 learned Sessions Judge, Bikaner acquitted respondents Smt. Ladhudi and Smt. Hemli from the charges pertaining to the offences punishable under Sections 302 and 302/34 Indian Penal Code. This Court by order dated 30.11.1989 granted leave to appeal the judgment aforesaid by treating the leave application itself as a memo of appeal.
(2.)THE factual matrix necessary to be noticed is that on 16.8.1988, one Shri Dungar Ram Kumhar lodged an FIR at Police Station Napasar with allegation that in morning of 16.8.1988 when he returned his house after attending the call of nature, he found his wife Mrs. Lichhma seriously burnt. On making inquiry he came to know that Smt. Ladhudi wife of Narsaram and Smt. Hemli wife of Bheraram poured kerosene on his wife and ignited with match stick. A reference of previous enmity between Smt. Lichhma and accused persons was also made. After three days of the incident Smt. Lichhma succumbed to the burn injuries and died. A case, thus, was lodged for commission of an offence punishable under Section 302 Indian Penal Code.
After completion of investigation a police report as per provisions of Section 173 Cr.P.C. was filed before the competent court and the case was committed to the Court of Sessions. Learned trial court framed the charges for commission of the offences punishable under Sections 302 and 302/34 Indian Penal Code and on denial of the same trial commenced as desired.

(3.)THE prosecution supported its case with the aid of 12 witnesses and the documents prepared during the investigation. The accused respondents availed opportunity to explain the circumstances appearing against them in prosecution evidence. In defence, statements of DW-1 Chokharam were recorded. Suffice to mention that DW-1 Chokharam is a neighbour of complainant Madharam.


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