1985 Supreme(Raj) 806
G.M.LODHA, G.K.SHARMA
State of Rajasthan – Appellant
Versus
Smt. Lichma Devi – Respondent
Advocates:
For the Petitioner: Mr. G.C. Chatterji, P.P.
For the Respondent: Mr. N.L. Tibrewal, for accused.
JUDGMENT
1. - We are required to consider this appeal filed by the State of Rajasthan, against the acquittal of Smt. Lichmadevi, mother-in-law of deceased Pushpa, in what is alleged to be a most heinous, barbaric, cruel and gruesome murder by pouring kerosene oil and lighting fire on her; and locking her in the kitchen from outside by Smt. Lichmadevi, her mother-in-law, after ill-treatment on account of non-fulfillment of her expectations of dowry.
2. The trial court has come, to the conclusion that undoubtedly Pushpa died on account of burns sustained by her which were caused by homicidal act of putting kerosene oil on the body and lighting fire, which constitutes an offence under Section 302, IPC. However, while fixing liability for responsibility of this offence, the trial court was of the opinion that basing conviction on the dying declarations, would not be safe, and further that the evidence of the neighbours cannot be said to be wholly reliable.
3. Before we proceed to analyse the relevant evidence and consider the validity of the reasons given by the trial court for acquittal, it would be proper to mention in a nut-shell, the facts of the case as per the allegations of the pr
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