KAMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants against judgment and order dated 18. 7. 87 passed by the learned Sessions Judge, Dungarpur in Sessions Case No. 39/85 and 20/86 by which the learned Sessions Judge, Dungarpur convicted the accused appellants for offences under Sections 306 I. P. C. and sentenced them as follows: Name of accused Offence Sentence awarded Smt. Kamla u/sec. 306 I. P. C. 3 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 month's R. I. Chandulal u/sec. 306 I. P. C. 5 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 month's R. I.

(2.) IT may be mentioned here that in the trial Court, there were two Sessions cases being 39/85 and 20/86 and in Sessions Case No. 39/85, accused appellant Smt. Kamla and Hiralal were tried while in Sessions Case No. 20/86, the accused appellant Chandu Lal was tried. The accused Hiralal who was father-in-law of the deceased was acquired for the offence charged against him. Both the Sessions cases were decided by common judgment on 18. 7. 87. (2a ). IT arises in the following circumstances: (i) That on 6. 8. 84 Smt. Saraswati (hereinafter referred to as the Deceased) wife of Chandu Lal (Accused appellant) gave statement at about 7. 45 p. m. to P. W. 11 Kalulal SHD, stating as under. "i was igniting stove and none was in the house and after preparing tea, my saree caught fire, as a result of which my whole clothes burnt. I cried. Neighbourers came. I came to the house of my father 6-7 months back and in the house, my younger sister PW-3 Vandana was there. My husband had gone to Khargada at about 12 noon. My husband had come from Bombay. There is no dispute of mine with my husband. I have not been burnt by anybody. "

(3.) DURING proceedings under Section 174 Cr. P. C. site plan Ex. P/6 was prepared and Panchanama of the body of the deceased was prepared which is Ex. P/10. The accused appellant Smt. Kamala was arrested on 3. 5. 85 through Fard Ex. P/15.