MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 27.2.2003 passed by the Additional Sessions Judge, Banswara in Sessions Case No. 98 of 2001 whereby the learned Trial Court held the accused appellant guilty for offences under Secs. 498A and 302, Penal Code and sentenced him to undergo 1 year's rigorous imprisonment with fine of Rs. 500.00, in default of payment of fine to further undergo 1 month's rigorous imprisonment (in respect of offence under Sec. 498-A, Penal Code and to undergo imprisonment for life with a fine of Rs. 5,000.00, in default of payment of fine to further undergo 1 years's rigorous imprisonment (in respect of offence under Sec. 302, IPC). The substantive sentences were ordered to run concurrently.

(2.) The facts of the case reveal that on 7.4.2001 at the Mahatma Gandhi Hospital, Banswara Police A.S.I. Devi Singh recorded statement of burn-injured patient Smt. Anju to the effect that she was married in the year 1993 to Mukesh (accused-Appellant) and out of the wedlock she has two daughters and one son; the incident occurred today (7.4.2001) at 10.00 PM.; she had gone to her father's house at Bhagakot and returned to her house at about 6 PM. in the evening; her husband came home at about 9 PM.; he assaulted her; gave her two blows with hand and kicked her, she bled in the mouth; after having so beaten her, he poured kerosene upon her clothes and set her a fire with match - stick; she shouted whereupon her neighbours Nazma, Zarina her son Vikas came there; one Gamubhai poured two bruckets of water upon her and extinguished the fire; her husband ran away. In her statement given to the police Assistant Sub-Inspector Devi Singh, she further stated that her husband often beat her and called bad names; from her house, Kanti, Ramesh and Dinesh brought her in a tempo to the hospital. In the statement, she categorically stated that her body has been burnt due to her husband having burnt her with kerosene.

(3.) On the aforesaid statement of allegation, the police registered regular FIR under Secs. 498A and 307, Penal Code and commenced investigation. During the course of investigation, Smt. Anju succumbed to the burn-injuries. After completion of investigation the police presented challan against the accused-Appellant for offences under Secs. 498A and 302, Penal Code in the concerned magisterial Court wherefrom, the case being exclusively triable by the Sessions Court, the case was committed to the Court of Sessions Judge, Banswara.