VITTHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed by the appellant Vitthala @ Vitthal S/o Shanker, resident of Bhilwara under Sec. 374(2) of Cr.P.C. to challenge the judgment and order dated 23.1.2007 whereby the learned Addl. Sessions Judge (FT), Banswara convicted the accused appellant for offence under Sec. 302 and 498A IPC in Sessions Case No. 66/2006 and following sentence was inflicted upon him:

(2.) As per prosecution case on 15.7.2006 deceased Smt. Manju was admitted in the Mahtma Gandhi Hospital, Banswara where her statement Ex. P/4 was recorded at 11.15 pm by Shri Natu Lal ASI of Police Station, Kotwali, District Banswara. In the statement, the deceased Smt. Manju alleged that her husband Vitthala (present appellant) poured kerosene on her and lit fire and after litting fire her husband himself tried to save her, so also, neighbors were gathered to save her and immediately taken to the hospital for treatment.

(3.) The statement given by the deceased Smt. Manju in the hospital to the ASI of Police Station, Kotwali, Banswara were sent through Shri Bhan Ji ASI of Police Station Kalingara were who registered an FIR No. 229/2006 on 16.7.2006 under Sec. 498A and 307 IPC vide Ex. P/5. Before recording statement of deceased Smt. Manju on 15.7.2006 a letter (Ex. P/9) was given by the SHO, Police Station, Banswara to the Medical Officer, Mahatma Gandhi Hospital, Banswara to ascertain whether Smt. Manju is mentally fit to give her statement. The Medical Officer gave his opinion at 11.00 pm upon communication Ex. P/9 itself that medically she is fit to give statement. The Investigating Officer after registration of the FIR on 16.07.2006 first time prepared site plan on 26.7.2006 at 3.15 pm in presence of two witnesses Bheru Lal and Heera Lal. Smt. Manju died on 28.07.2006, therefore, after post mortem, the body of the deceased was handed over to the family members for cremation.