VISHNU DUTTA SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PATHAK, J. :-This appeal under S.374 of the Criminal Procedure Code has been directed against the judgment and order dated 18-1-2002 passed by learned Addl. Sessions Judge, Anoopgarh in Sessions Case No. 12/2000, State v. Vishnudutt Soni, whereby the accused-appellant has been convicted under S. 302, I.P.C. and sentenced for life imprisonment with a fine of Rs.1000/-, in default thereof to further undergo two months' rigorous imprisonment.

(2.) Briefly stated, the facts giving rise to the present case are that on 25-10-1999 at 11 p.m. complainant-Manakchand Soni presenting himself at Police Station Anoopgarh lodged a written report to the effect that his two daughters named Meera and Seema have been married to the sons of Bhera Ram, resident of Ward No. 9, Anoopgarh about three years ago. It was further stated in the report that on that day at about 1.30 p.m. he received information at his home that his daughter Meera has received burn injuries and she has been admitted in the Anoopgarh Govt. Hospital and on that he went to the hospital and when asked his daughter Meera she told that her husband had earlier beaten her in the noon and thereafter after pouring kerosene oil on her lit the fire due to which she got burns. Her husband Vishnudutta was harassing and disturbing her and on that day had burnt her by pouring kerosene when she and her husband only were there at home. Her sister Seema was making cow-dung cakes outside and the mother-in-law had gone out of house on account of some work and the father-in-law and brother-in-law were at shop and the sister-in-law had gone to her school. He has inquired about the incident from his daughter and moving the application for initiating action etc.

(3.) On the basis of said report a regular FIR Ex. P/11 was chalked out. The report disclosed the offence committed under Ss. 307 and 323, I.P.C. a case was registered and investigation commenced.