SALEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced as below vide judgment dtd. 19/8/2023 passed by the learned Additional Sessions Judge No. 6, Bikaner, in Session Case No. 4/2022:

(2.) The appellant-applicant has preferred the application for suspension of sentence under Sec. 389 Cr.P.C. for being released on bail during the pendency of the appeal.

(3.) It is submitted by learned Counsel for the appellant that wife of the appellant, while working in the kitchen, suffered burn injuries on 6/2/2021 at about 8.30 am. She was taken to the hospital, where she remained admitted and was discharged on 17/2/2021. She was again admitted to one M.N. Hospital on 12/3/2021, where she died on 30/3/2021. The postmortem was conducted on 31/3/2021 on a report by brother of the deceased (Ex.D/5), wherein he indicated that his sister suffered burn injuries while cooking food, she was treated at PBM Hospital and again admitted to M.N. Hospital on 12/3/2021 where she died and, therefore, postmortem be conducted. The information was registered under Sec. 174 Cr.P.C. with the same indication that death occurred on account of burn injuries suffered while cooking food. In the 'Fard Panchnama' (Ex.D/7) it was indicated that the witnesses after discussing indicated the cause of death as burn injuries while cooking food. In the statement recorded on 3/7/2021, the brother of the deceased again indicated the same aspect pertaining to burn injuries suffered by the deceased while cooking food. However, on 16/11/2021, a typed FIR (Ex.P/3) was given alleging that the appellant had poured petrol from Motorcycle on the deceased and put her up on fire, which resulted in the burn injuries, to which she succumbed.