SATISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr.P.C., has been filed against the judgment dated 21.10.2003 passed by Additional Sessions Judge (Fast Track), Bandikui, Distt. Dausa in Sessions Case No. 47/2003 whereby the appellant has been convicted and sentenced for the offence under Section 302 IPC for simple life imprisonment alongwith fine of Rs. 500/-.

(2.) THE brief facts of the case giving rise to this appeal are that on Parchabayan Ex.P/1 by Smt. Laxmi, FIR No. 99/2003 at Police Station Manpur has been registered for the offence under Section 302, 323 readwith 34 IPC. The substance of the information furnished to the police by Smt. Laxmi deceased is that on 30.3.2003 at about 5.30 PM, she was in agricultural field and she heard that a quarrel took place between the children and Satish, Bhagwati, Asha, Meera, Meena and Ashok are assaulting her son, daughter-in-law and grand-daughters. She came to the house, there Satish, the present appellant has poured kerosene with a bucket and lit the fire by match-stick. Kailash and Ramja have seen the incident. After usual investigation charge sheet has been filed against the present appellant which was committed to the Court for trial. Charges have been framed against the appellant for the offence under Section 302, 323 and 323 readwith 34 IPC. The prosecution has examined PW.1 Pinky, PW.2 Maya, PW.3 Ramjilal, PW.4 Kailash, PW.5 Mohan Lal, PW.6 Dinesh Kumar, PW.7 Kamlesh, PW.8 Sardarsingh, PW.9 Kailash, PW.10 Shimbhoo, PW.11 Indraj Singh, PW.12 Jagdish Chandra, PW.13 Banwari Lal, PW.14 Dr. Umraosingh Meena, PW.15 Maliram, PW.16 Dr. Rajesh Kumar Verma and PW.17 Dr. P.K. Saini to support his case and also relied on documents Ex. P/1 to P/23. Statements of accused person has been recorded under Section 313 Cr.P.C. No oral evidence has been produced by the defence and they have relied on Ex.D/1 to D/2. After conclusion of trial, the present appellant has been convicted and sentenced, as referred above, hence this appeal.

(3.) HEARD the learned counsel for the appellant and learned Public Prosecutor and perused the impugned judgment as well as the original record of the case.