PARAS RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Crimial P.C. arises out of the judgment and order dated 1.6.2000 passed by the learned Sessions Judge, Kota. thereby convicting accused appellant Paras for offence under Sections 302 and 452 Indian Penal Code and sentencing him to undergo life imprisonment with a fine of Rs. 5000.00. in default thereof, to further undergo 2 years' rigorous imprisonment on the first count and to undergo 3 years' rigorous imprisonment with a fine of Rs. 1000.00. in default thereof, to further undergo 3 months rigorous imprisonment on the second count. The sentences were ordered to run consecutively.

(2.) According to the prosecution case, on 15.4.1998 at about 8.00 P.M., appellant reached the house of deceased Gita Bai. PW I Monu, her son aged about 8-9 years was sleeping on the cot. The appellant caught hold of her and took her to 'Chappar', where he poured kerosene and set her on fire. Her cries attracted the attention of PW 5 Bhura. PW 7 Ramnath. PW 10 Mansha Ram and other residents of the village, who extinguished the fire and immediately took Gita Bai to the Police Station, where she lodged an oral report. Ex.P6.

(3.) On the next day i.e. on 16.4.1998. PW 6 Virendra Singh. Judicial Magistrate No.3. Kota recorded the dying declaration (Ex.P3) of deceased in MBS Hospital Kota, wherein she deposed that on 15.4.1998 at 8.00 PM while she was at home and her son was sleeping, her neighbour Paras Ram broke open the back door, entered in the house and caught hold of her. When she cried, the accused picked up the kerosene cane lying nearby and forcibly took her to the Chapper, Chapper, where he poured kerosene on her and set fire and then he escaped from the back door.