KAMLESH MAHAWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has preferred two appeals, one through Jail bearing D.B. Criminal Appeal No.491/2017 and one through counsel bearing D.B. Criminal Appeal No.1723/2017. No one has put in appearance in D.B. Criminal Appeal No.491/2017, which was a Jail Appeal. Mr. Himmat Singh, Adv. has put in appearance in D.B. Criminal Appeal No.1723/2017.

(2.) The accused appellant has challenged the judgment and sentence dtd. 19/1/2017 passed by the Additional Sessions Judge (Women Atrocity Cases) No.2, Jaipur Metro, Jaipur whereby he has been convicted for offence under Ss. 498-A and 302 of IPC. For offence under Sec. 498-A of IPC, he has been sentenced to 3 years rigorous imprisonment and a fine of Rs.2,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for 6 months and for offence under Sec. 302 of IPC, he has been sentenced to life imprisonment and a fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for 2 years. Both the sentences were directed to run concurrently.

(3.) Succinctly stated the facts of the case are that on the basis of parchabayan of the deceased (Exhibit-P13), police registered an FIR No.319/2012 (Exhibit-P14) for offence under Ss. 498-A and 307 of IPC. After demise of the deceased, offence under Sec. 302 of IPC was added. It was alleged in the said parchabayan that the accused often gave beating to the deceased after consuming liquor. On the morning of 7/11/2012, accused abused the deceased, gave beating to her and poured kerosene upon her, upon which, she went to the neighbour's house and thereafter, the accused brought her from the said house and set her ablaze. It is also mentioned that after she raised an alarm, the neighbourers gathered. She has mentioned that except her husband, no one is responsible. On the basis of the aforesaid FIR, the police conducted investigation and after due investigation, submitted charge-sheet against the accused appellant for offence under Ss. 498-A and 302 of IPC. The charges for the aforesaid offences were read over to the accused. The accused denied the charges and sought trial, whereupon statements of PW-1 to PW-17 were recorded and 21 documents were exhibited on behalf of the prosecution. In defence, Exhibit-D2 was exhibited. Statement of accused under Sec. 313 Cr.P.C. was recorded. After hearing the arguments of the parties, the learned Court below convicted and sentenced the accused appellant as stated above.