BADRILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal has been filed against the judgment dated 16.12.2006 passed by Additional Sessions Judge, Ramganjmandi Distt. Kota in Sessions Case No. 21/2005 whereby the present appellant has been convicted and sentenced as under:-

(2.) The short facts of the case as per the prosecution are that on 27.12.2004 at Police Station Suket an information has been received that one person is admitted in hospital in burnt condition. PW/20 Banne Singh along with Station House Officer reached at Jhalawar S.R.G Hospital and Raju Tilkar S/o Ramnath found admitted in Surgical Ward of Bed No.13. His statement has been recorded At 11.30 P.M. wherein it has been stated that he is running a shop of electric items and also for T.V. Repairs. At about 8.00 P.M. when he was sitting in his shop along with Devilal, Pradeep and Ravi Kumar S/o Pradeep, Badrilal appellant came there with a bucket full of petrol and he poured petrol on him and electric iron used for soldering T.V. caught fire. He and his whole shop has been burnt due to fire. Devilal, Pradeep and Ravi Kumar S/o Pradeep have also got burn injuries. At that time Raju Suket and Ghasilal also came there. All injured were shifted to the hospital. The further contention of Raju was that with the intention of killing him, the appellant has poured petrol on him and due to the fire, his colleagues and shop have been burnt. On the statement of Raju Tilakar, Ex.P/2, formal FIR has been registered on 28.12.2004 at 2.10 AM and after investigation, charge sheet has been filed against the appellant for the offence under Sections 302, 307, 427 and 436 IPC as Raju Tilkar died on 3.1.2004 at 3.25 PM. The case was committed and tried by Additional Sessions Judge, Ramganjmandi, Kota.

(3.) The charges have been framed against the appellant for the offences under Sections 302, 324 and 436 IPC which were denied by the accused person and claimed to be tried. Prosecution has examined PW/1 Ghasilal, PW/2 Ravi Kumar, PW/3 Pradeep, PW/4 Bherulal, PW/5 Kamlesh, PW/6 Satyanarain, PW/7 Prembai, PW/8 Ashok Kumar, PW/9 Ghisibai, PW/10 Raju, PW/11 Devilal, PW/12 Mahesh Soni, PW/13 Jagdish Kumar, PW/14 Jaisingh, PW/15 Madanlal, PW/16 Chouthmal, PW/17 Dr. Arun Kumar, PW/18 Shafi Mohammad, PW/19 Jogendra Kumar, PW/20 Banee Singh, PW/21 Shivraj Gujar, PW/22 Dr. Gaurishankar Chouhan, PW/23 Deendayal and PW/24 Lalit Bhardwaj and produced Ex. P/1 to P/25 and arrest memo of accused Ex. P/26.