UDAYLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Sec. 374 of the Cr.P.C. being aggrieved of the judgment dtd. 24/9/2021 passed by the learned Additional Sessions Judge, Begun, District Chittorgarh in Sessions Case No. 91/2021, whereby he has been convicted for the offence under Sec. 307 of the IPC and sentenced to undergo simple imprisonment of 6 years alongwith a fine of Rs.10,000.00 and in default of payment of fine, further to undergo 6 months' simple imprisonment.

(2.) Briefly stated, facts relevant and essential for disposal of the case are that on 19/5/2017, a Parcha Bayan of complainant Smt. Fori Salvi was recorded at the Sanwaliya Ji Hospital, Chittorgarh to the effect that her marriage was earlier solemnized with one Dinesh Salvi about 10 years ago, but later on they got separated as per social customs and she was living at her parental house at Muroli. Around 3 years prior to the incident, her Nata marriage was solemnized with the present appellant Udailal Salvi, resident of Kherpura and since then she was residing at her matrimonial home. A male child named Vikas aged 2 years was begotten from this marriage. On the day of recording the Parcha Bayan, in the morning at about 9/30/10 am. she and her husband were at home. She wore a transparent stole. Her husband forbade her to wear such stole, upon which she wore another stole. Her husband poured on her kerosene lying in a half filled 5 liter container and set fire. On hearing her cries, her sister-in-law Mangi Bai came there and doused the fire. Her brother-in-law (sister's husband) Kalu also came and put out fire. She was taken to Parsoli Hospital, from where she was referred to Chittorgarh, where she was admitted in Trauma Ward. It was also stated that on that day, Gangoj ceremony was going on in their family at the house of Banshilal and Mandanlal.

(3.) On the basis of aforesaid Parcha Bayan, FIR No. 66/2017 was registered at the Police Station Parsoli and investigation was commenced. During the course of investigation, spot documents were prepared, burnt clothes of the victim were recovered, statements of the witnesses were recorded, the accused was arrested and after completion of the investigation, a charge-sheet for the offences under Ss. 498-A and 307 of the IPC was submitted against the appellant.