(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 23/11/2005 passed by Sessions Judge, District Raisen in Sessions Trial No.189/2004, by which appellant has been convicted for offence under Sec. 354 of IPC and has been sentenced to undergo rigorous imprisonment of one year.
(2.) The facts necessary for disposal of present appeal in short are that on 29/5/2003, deceased Lalita Bai and her son Lalchand had gone to forest area for collecting cow dunk. It is alleged that appellant committed rape on prosecutrix, as a result she committed suicide by setting her on fire after pouring kerosene oil on her. During treatment, she narrated the incident to doctor that some known person had outraged her modesty. The incident was also narrated by deceased to her husband Shriram and her brothers in Hamidia Hospital, Bhopal during her treatment. She lost her life during treatment and accordingly, Merg information was given. The FIR was lodged. Lash Panchnama was prepared. The dead body was handed over to her husband. The cause of death was found to be complications arising out of burn injuries and failure of respiratory system. The statements of witnesses including of Dr. Rajshree Mitra were recorded. The spot map was prepared. The accused was arrested and after completing investigation, the Police filed the charge sheet for offence under Ss. 306, 354 of IPC.
(3.) The trial Court by order dtd. 18/1/2005 framed the charges under Ss. 376, 306 of IPC.
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