KALOO ALIAS JAMAL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.06.1992, passed by the Sessions Judge, Bhilwara (for short 'the trial court' hereinafter) in Sessions Case No.189/90, whereby the learned trial court has convicted the accused-appellant-Kaloo Khan alias Jamal Khan for the offence punishable under section 302 IPC and has sentenced him to undergo life imprisonment and to pay fine of Rs.500/-; and in default of payment of fine, further to undergo three months' rigorous imprisonment.

(2.) Brief facts of the case are that on 25.08.1990 at about 4:50 PM, PW.8 Raj Kumar gave a telephonic information at Police Station, Pratap Nagar, Bhilwara to the effect that a lady was blazing on fire in front of Modern Woolen Mill, Bhilwara.

(3.) Upon receiving this information, PW.17 Bhoop Singh, the Station House Officer, Police Station, Pratap Nagar sent the police personnels to the spot and he too proceeded to the spot and then, to the hospital. In the hospital, PW.17 Bhoop Singh recorded the statement of the injured lady Smt. Kamla at 6:20 PM (Ex.P/19) and on that basis, registered the FIR (No. 159/90 dated 25.08.1990). In her statement (Ex.P/19), Smt. Kamla stated that she was residing with the accused-Kaloo for last about 8 years; that Kaloo was running a cycle repairing shop in front of Modern Woolen Mill; that on the given day, from about 7:00 AM, she was at Kaloo's shop and asked for money whereupon Kaloo abused her in the presence of Balu Maharaj and other persons. She further stated that Kaloo continued to abuse her for about one hour and thereafter, threw kerosene on her, which was there in a container (Tagari); that kerosene spread on her cloths; and thereafter he lit a matchstick and put her lower garment (ghaghara) on fire; that she raised cries whereupon Bhayyaji, Balu Maharaj and Kaloo poured water on her and doused the fire with a gunny bag (bori); and that thereafter, she did not remember as to who brought her to the hospital. She further stated that she was married to one Roop Singh at the age of 10-12 years and had four issues from that wedlock, the eldest being a son.