DILIP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has been convicted by the learned Addl. Sessions Judge, Rajsamand in Sessions Case No. 33 of 1997, vide judgment dt. 27. 2. 99, for the offence under Section 302 and 201 IPC, and sentenced to imprisonment for life with a fine of Rs. 500/-, in default to undergo one month's rigorous imprisonment on the first count, and to rigorous imprisonment for three years, and a fine of Rs. 500, in default to undergo one month's rigorous imprisonment, on the second count. Both the sentences have been ordered to run concurrently.

(2.) BRIEF facts of the case are that on 27. 1. 97 one Shanti Lal submitted a written report to S. H. O. Nathdwara alleging inter alia that Manju was married to the appellant four years back in accordance with community customs. On the day of information, he received information, whereupon he came, and found that Manju has been burnt to death by pouring kerosene by the husband, the appellant. On this report a case under Sec. 304-B I. P. C. was registered. However, before this report Marg case No. 4/97 had already been registered. After investigation charge sheet was submitted against the appellant for the offence under Section 302, 304-B, 498-A, and 201 I. P. C. The case was committed to the Court of District & Sessions Judge, Rajsamand wherefrom it was transferred to the Court of Addl. Sessions Judge.

(3.) THE learned P. P. on the other hand supported the impugned judgment, and contended that from the statements of Dr. S. S. Purohit, P. W. 12 and the post mortem Ex. P-9 it is clearly established that though the victim died of asphyxia, but asphyxia was not caused by burns, or fire rather it was after she had been killed by asphyxia, she was set ablaze, and therefore, it cannot be said to be a case of accidental death.