JAGDISH Vs. STATE

JUDGEMENT

(1.) This Criminal Jail Appeal has been filed against the judgment dated 12.12.2003 passed by the learned Additional Sessions Judge (Fast Track) No.5, Bundi in Sessions Case No 73/2003 whereby the present appellant has been acquitted for the offence under Section 342 IPC and convicted and sentenced for the offence under Section 302 IPC as under:

(2.) The short facts of the case as per prosecution are that PW-12 Raghuveer Singh received an information on 6.2.2003 from hospital Indragarh. He rushed to the hospital, at the time, Smt. Usha was not in a condition to speak. She was shifted to M.B.S Hospital, Kota where PW-12 Raghuveer Singh presented an application Ex.P/17 to Medical Officer. Smt. Usha was found in a fit condition to give statement where upon PW-12 has recorded statement of Smt. Usha Ex.P-13 in which it has been stated that from last five to ten days her brother was sick so she came to his father's home. Her mother Badam Bai PW-1 has received salary. Jagdish her brother came there at about 10 AM and made altercation with her mother that he is entitled to his father's pension as well as property he should also be given some share otherwise threatened for dire consequences and at that time he went away. At time about 5-6 in the evening Jagdish came again there on seeing him, her mother and brother locked themselves in a room scared of appellant. Jagdish brought oil container from another room. He poured Oil on her and lit the fire by match-box at that time Kallu and other persons of the locality came there and extinguish the fire by pouring the water. On this statement Ex.13 an FIR No. 18/2003 has been registered at Police Station Indergarh District Bundi. On 9.2.2003, Smt. Usha died due to burns. Offence under Section 302 IPC has been added. After investigation, charge-sheet has been filed for the offences under Section 302 and 342 IPC. Case has been committed to the court of sessions which was transferred to Additional Sessions Judge Fast Track No. 5 Bundi.

(3.) The accused-appellant was charged for the offence under Sections 302 and 342 IPC. He denied the charges.