SONIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has preferred the instant appeal under Sec. 374(2) CrPC being aggrieved of the judgment dtd. 3/8/2019 passed by the learned Additional Sessions Judge No.1, Abu Road (Jurisdiction Sirohi) in Sessions Case No.40/2000, (CIS No.194/2014) whereby, he has been convicted and sentenced as below:- <FRM>JUDGEMENT_62_LAWS(RAJ)5_2022_1.html</FRM>

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-

(3.) Smt. Shanta Expired while undergoing treatment upon which, her dead body was subjected to autopsy at the Government Hospital, Abu Road and Postmortem Report (Ex.P/10) was issued taking note of burn injuries all over the body of the victim except for the soles of feet. Fard Surathaal Lash (Ex.P/38) was prepared which also affirmed that the entire surface area of the body of the deceased was burnt except for the soles. Because of the burn injuries, the skin of the face, hands and chest had peeled off and separated. A pertinent fact is noted in this Surathaal Lash, that palms of both hands of the deceased were full of blisters. The accused appellant absconded and a charge-sheet came to be filed against him in his absence. The trial court took recourse of procedure under Sec. 299 Cr.P.C and recorded statements of the witnesses in absence of the accused. However, it is significant to note that in these proceedings, statement of Otaram, Sub-Inspector, who recorded Parcha Bayan of the victim, was not recorded. Standing warrant of arrest was issued against the accused who could be apprehended on 10/4/2018 whereafter, proceedings were resumed. De novo trial was conducted by the Additional Sessions Judge No.1, Abu Road. Charge was framed against the accused appellant for the offence punishable under Sec. 302 IPC. He pleaded not guilty and claimed trial.