ONKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Sec. 374 Cr.P.C.. by accused appellant Onkar Singh against the judgment dated 11.1.1999 passed by learned Additional Sessions Judge, Rajsamand in Session Case No. 48/97 by which he has been convicted under Sec. 498-A Penal Code and sentenced to two years rigorous imprisonment with a fine of Rs. 1000.00 and in default to further undergo 15 days rigorous imprisonment. He has also been convicted under Sec. 302 Penal Code and sentenced to life imprisonment with a fine of Rs. 500.00 and in default to further undergo one months rigorous imprisonment.

(2.) 24 years old Smt. Geeta married about 10 years ago with accused appellant Onkar Singh received extensive burn injuries on the evening of 16.3.1997 at her own residential house in village Semal while cooking meal. Her father-in-law Shankar Singh tried to save her and, therefore, received burn injuries on his hands vide injury memo Ex.P. 33. Her family members were informed immediately and she was forthwith taken to Government Hospital, Udaipur for treatment where she died on 21.3.1997 due to these burn injuries. She recorded a dying declaration Ex.P. 23 on 17.3.1997 through P.W.22 Shobhalal Mundra, SDM. Before she died a written FIR Ex.P.6 was lodged by P.W.7 Dalu Singh on 17.3.1997 not only against husband Onkar Singh put also against Shankar Singh father-in-law, Kani Bai mother-in-law and Nari Bai jethani. After usual investigation Onkar Singh accused appellant was charged under Sec. 120 B, 302 and 498-A Penal Code whereas the remaining acquitted accused were charged under Sec. 109, 120-B and 302 IPC.

(3.) Accused persons pleaded not guilty and claimed trial, therefore, 23 witnesses were examined and 34 documents were exhibited on behalf of the prosecution. In statement given under Sec. 313 Crimial P.C. all the accused persons denied all the averments and pleaded not guilty. Four witnesses were examined in defence. Thereafter the learned trial court by a detailed judgment gave benefit of doubt to remaining three accused persons and acquitted them whereas accused appellant Onkar Singh was convicted and sentenced as stated above.