NATWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by appellant Natwar Lal under Section 374 Cr.P.C. being aggrieved of the impugned judgment dated 24.02.1994 passed by the learned Additional Sessions Judge, Bali, District Pali, in Sessions Case No.84/96 whereby, he was convicted for the offence under Section 498-A IPC and sentenced to 6 months' rigorous imprisonment with a fine of Rs.1,000/- and in default in payment of fine to further undergo two months' additional rigorous imprisonment.

(2.) Brief facts relevant and essential for disposal of the instant appeal are that the appellant was tried for the offences under Sections 307, 498A and 342 IPC in relation to an incident which took place in the night intervening 10th & 11th August, 1985 wherein, it is alleged that the appellant set fire to his wife Smt. Leela who was initially admitted to the Government Hospital, Rani. From there, she was shifted to Govt. Hospital, Pali where her Parcha Bayan (Ex.P/20) was recorded by the Judicial Magistrate, Pali on 24.08.1985 in which, she levelled allegations that thirteen days earlier, her Jeth Dalpat, Jethani Ratan and mother-in-law Jamana connived together to burn her. Ratan caught hold of her hair, Jeth Dalpat caught hold of her hands; Jamana, her motherin-law poured kerosene on her body and thereafter her husband (the appellant herein) set her ablaze. She rushed to a tap and sat under water to douse the fire and raised hue and cry whereupon, the ladies from neighborhood came and saved her. An FIR No.94/85 was registered at the Police Station Takathgarh, Pali on the basis of this Parcha Bayan of Smt. Leela.

(3.) After investigation, a charge sheet was filed against the appellant herein, Jethani Ratan, Jeth Dalpat and mother-in-law Jamana for the offences under Sections 307, 498-A & 342 IPC.