U.U. Lalit JUDGMENT
U.U. Lalit, J.
1. The Respondent was convicted by the Trial Court Under Sections 302 and 201 Indian Penal Code for having committed 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 Indian Penal Code in Sessions Case No. 62 of 2000. 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 Indian Penal Code but convicted him Under Section 306 Indian Penal Code and sentenced him to undergo 5 years RI, which judgment is under challenge in this appeal by Special Leave.
2. On 21.09.2000 at about 9:11 p.m. a report Ext. D-1 was lodged by the Respondent to the following effect:
To
The S.H.O.
P.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. My mother and younger brother's wife had gone to our house in Bihar. My wife was half mad. She was burnt to death. 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. I went to the house, went up the stairs and pushed the door open. I saw my wife and daughter were burnt to death. The above report is produced. My marriage took place some 10 years ago on 21.09.2000.
Sd/-
Yours
Ramanand Agrawal
S/o. Shri Vishashwar Dayal
R.S. Dabla
3. The aforesaid report was registered in the Case Diary and appropriate steps Under Section 174 Code of Criminal Procedure were taken by PW14 Tulsi Ram who at the relevant time was Incharge of Police Station Patan. On the next day at about 6:15 a.m. a written report Ext. 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.
4. The report Ext. P-2 was received by PW15 ASI Rajendra Singh, pursuant to which crime was registered and investigation was undertaken. Inquest Reports Exts. P-6 and P-7 were prepared regarding the bodies of Anita and Ekta and they were sent for autopsy. Photographs of the bodies Exts. P-14 to P-19 were also taken and site plan Ext. P-21 at the place of occurrence was also prepared. The post-mortem on the bodies was conducted by a Board consisting of three doctors. As regards Anita, the report Ext. P-13 had following relevant observations:
Fairly built & nourished, P.M. lividity present on back of body. R.M. present all over the body. Partially burnt clothes are present on body. No smell like kerosene like