SITARAM Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 13/4/1999 passed by learned First Additional Sessions Judge, Dabra District Gwalior in Sessions Trial No. 22/1992 convicting the appellant under Sections 302 and 354 of IPC and thereby sentencing him to suffer life imprisonment and one year's rigorous imprisonment respectively, the appellant has knocked the doors of this Court by preferring this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that in the mid night of 6/9/1991 the deceased, namely, Smt. Mamta was sleeping alongwith her niece in her room. Inside the room the electric bulb was on. The appellant who is the Jeth (husband's elder brother) of the deceased was sleeping outside the room and at 3:00 AM he entered inside the room in which the deceased was sleeping and there he tried to commit rape over her. The deceased when noticed some weight upon her body, she woke up and found that appellant was trying to commit rape over her. The deceased firmly resisted to the lascivious activity of the appellant and when appellant tried to overpower her, she gave threat of scream, as a result of which, the appellant became frightened, but in order to wrap his vile act he poured kerosene of the stove which was kept inside the room and lit the matchstick, as a result of which, the deceased was burnt.

(3.) The husband of the deceased is a rickshaw puller and he was not present inside the house at the time of incident as he had gone to drive the rickshaw. The deceased was brought in burning condition at 3:30 AM at police station Dabra where the First Information Report was lodged by Siyarani who is her neighbour.