UDA RAM @ UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole accused in Sessions Case No. 198/2004 decided on 11.8.2005 by the Court of learned Addl. Sessions Judge (Fast Track) No. 1, Jodhpur, is the appellant before us. He has been charged with offence punishable under Sec lion 302, Indian Penal Code for committing murder of his wife Smt. Saraswati, who has been found guilty under this count and convicted and sentenced to undergo life term imprisonment with fine of Rs. 5,000/- and it was further ordered that in event of default in payment of fine, he will further undergo for one year simple imprisonment. Therefore, this appeal has been preferred, which was admitted by this Court vide order dated 16.1.2006 and record of the trial Court was called for.

(2.) The prosecution case was that on 21.12.2003 at about 2.30-3.00 P.M., the appellant/accused poured kerosene on his wife Smt. Saraswati and set her on fire by lightening a match stick. The injured was taken to Suncity Hospital, Jodhpur, where from, after giving first-aid, she was referred to Mahatma Gandhi Hospital, Jodhpur. While on treatment, she succumbed to the injuries on 8.1.2004 at about 7.20 P.M. It was also alleged that the appellant had been in habit of causing mental and physical cruelty after taking liquor, even prior to the occurrence towards his wife i.e. deceased Smt. Saraswati. It was on its basis that appellant/accused has been charged as aforesaid.

(3.) The evidence consists of the oral testimony of PWs Nos. 1 to 21, documents Ex.P-1 to Ex.P-24. Though there were no eye-witnesses to the occurrence but there were six dying declarations, as spoken to by PW-3 Dr. Harbans Singh, PW-5 Ragini, PW-9 Sri Am it Sahlot, Judicial Magistrate, PW-10 Kanhiya Lal, PW-17 Kamal Singh and PW-20 Gani Mohd. On the basis of circumstantial evidence and the oral testimony of the witnesses, the learned trial Court found the appellant-accused guilty, therefore, convicted and sentenced him as aforesaid.