REVA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant from jail against the judgment and order dated 18. 11. 1999 passed by the learned Additional Sessions Judge, Bhinmal in Sessions Case No. 90/99 by which the learned Additional Sessions Judge, Bhinmal convicted the accused appellants for offences under Sections 498a and 306 IPC and sentenced as follows: Offence Sentence awarded U/sec. 498a IPC 2 years' R. I. and a fine of Rs. 1000/- in default to further undergo 3 months' R. I. U/sec. 306 IPC 5 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 months' R. I. Both the sentences were ordered to run concurrently.

(2.) THAT since this appeal was preferred from Jail and nobody was representing the accused appellant, therefore, Legal Aid Committee vide order dated 30. 9. 2000 appointed Shri B. K. Bhatnagar as Amicus Curiae to assist the Court on behalf of accused appellant. (2a ). It arises in the following circumstances: (i) THAT on 16. 1. 99 at 5. 45 p. m. Smt. Chothi w/o Rewa Ram, by caste Mochi, resident of Jag Jeevan Ram Colony, Bhinmal (hereinafter referred to as "the deceased") gave statement Ex. P/10 while she was admitted in the hospital Bhinmal before P. W. 9 Gopal, SHO, Bhinmal stating as under: "18. years have passed since my marriage. I have burnt myself. My husband Rewa (Accused appellant) is in habit of drinking liquor and for that he demands money. My husband was sleeping after drinking liquor. My husband beats me and nobody comes to save me. My neighbourers Joga Bhat and Mohan Mochi P. W. 5 also sell liquor and they also abuse me and they also some time come to beat me. I am living separately from my in-laws and my brother Mata Ram P. W. 1 lives in Bhinmal with her father-in-law. My parental house is in Jalore. My mother and father are not alive. I have poured kerosene oil on my body and thereafter lit fire by matchbox. I am very much disturbed because of my husband and neighbourers and have burnt myself as I was being tortured by my husband, Joga Bhat and Mohan Mochi, P. W. 3 I have 3 sons and 3 daughters. All daughters have died and since I was mentally disturbed because of my neighbourers and my husband, I have burnt myself by sprinkling kerosene oil. "

(3.) THAT the learned Additional Sessions Judge, Bhinmal framed charges on 30. 8. 99 against the accused appellant for offence under Sections 498a and 306 IPC who pleaded not guilty and claimed trial.