PUSHKAR DAS @ RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 15.4.2005 learned Additional Sessions Judge No.3, Udaipur convicted the accused appellant for the offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs.1000/-. In the event of default in payment of fine, the accused appellant is made liable to undergo one month's simple imprisonment.

(2.) Factual matrix necessary to be noticed is that on 21.2.2004 at about 07:45 PM a statement made by Smt. Kailashi wife of Pushkarlal at Bed No.9, Burn Ward, Maharana Bhupal Hospital, Udaipur, was reduced in writing by Head Constable Ram Singh of Police Station Sayara. As per the statement made by Smt. Kailashi, she entered into a wedlock at the instance of her father with Bherudas in quite young age, but she was not sent to her in-laws house. She then got married with Pushkarlal son of Mohandas Ranga Swami, resident of Diyan. Smt. Kailashi was staying with her father at Bagdunda. However, about 15 days earlier to the date of making statement she was taken to Diyan by Pushkarlal. In the morning of fateful day in-laws of Smt. Kailashi went to Sayara and at about 04:30 PM her husband Pushkarlal came to home after consuming some liquor. Pushkarlal stated that he do not want to keep Kailashi with him. He then gave beating to Kailashi and after pouring kerosene put her on fire. He also closed the door and did not open the same even on cry made by Kailashi for help. Several people then rushed to the spot and bring her out after breaking the door. While undergoing treatment, Kailashi died, thus, on basis of the statement reduced in writing a case was lodged and investigation commenced.

(3.) The investigating agency after completing the investigation, submitted a report as per provisions of Section 173 Cr.P.C. to the competent court, however, being a case session triable the same was committed to the court of Sessions. The Sessions court framed charge against accused Pushkar Das @ Ramesh for commission of offences punishable under Sections 498-A and 302 Indian Penal Code.