SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Shankar, the appellant was accused of having beaten up, poured kerosene over his wife Sugna Bai, and killed her by setting her on fire. The Trial Court, Sessions Judge, Bundi, in Sessions Case No.249/2012 in terms of judgment dtd. 10/12/2014 sentenced him to life imprisonment under Sec. 302 and rigorous imprisonment for one year under Sec. 342, Indian Penal Code 1860 [IPC]. Fines of Rs.1000.00 each for both the offences was also imposed, and simple imprisonment for one month was indicated to be suffered by him in the event of default. Criminal Appeal No.65 of 2015 was dismissed by the learned Division Bench by judgment dtd. 20/8/2019. Shankar, now is before this Court, asking us to overturn his concurrent conviction.

(3.) The facts, leading up to the position as indicated above was that the deceased had married the appellant about a month prior to her death on 19/10/2012 and within approximately 20 days the relationship had taken a sour turn on account of alleged excessive consumption of alcohol and the former possessing a violent streak. The deceased had apparently gone to her parental home when the appellant demanded that she return home immediately and make fresh food for him. While she was complying with such a demand, the appellant beat her up and, while doing so was allegedly drunk. Although she managed to free herself and move away, the appellant allegedly poured kerosene and threw a lit matchstick on her. Resultantly, she screamed causing the neighbours and those nearby including the appellant, to come to her aid. This included pouring water and also using blanket to quell the flame. Parents of the deceased who had, by this time, reached the scene of incident called the ambulance and she was taken to MBSH Hospital, Rajasthan for treatment.