NASIR ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant in this appeal impugns the judgment dated March 7, 2003 of the learned Additional Sessions Judge (Fast Track) Alwar in Sessions Case No. 25/2002 whereby the appellant has been decided and sentenced the appellant as under - Section 302, IPC To suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer one year rigorous imprisonment. Section 498-A, IPC To suffer rigorous imprisonment for three years and fine of Rs. 2000/- in default to further suffer rigorous imprisonment for three months. The sentences were directed to run concurrently.

(2.) In the dying declaration recorded by learned Judicial Magistrate No. 9 Jaipur, Mubina (deceased)'stated that she was the wife of the appellant who did not like her and on the date of incident poured kerosene oil on her and set her ablaze. Thereafter he showered bucket of water on her burning body. Learned trial Judge after considering the material on record convicted and sentenced the appellant as indicated above.

(3.) During the pendency of the appeal an application came to be filed on behalf of the appellant to the effect that the appellant was juvenile on the date of commission of offence therefore order of sentence could not be recorded by the learned trial Judge. On our directions, learned trial Judge conducted enquiry about the age o.f the appellant and passed an order on March 5, 2004 declaring that the age of the appellant on the date of incident was above 18 years.