STATE OF RAJASTHAN Vs. BADRI LAL

JUDGEMENT

(1.) THIS appeal has been filed by the State against the order dated 15.2.1993 passed by learned Sessions Judge, Jodhpur (hereinafter referred to as 'the trial court') whereby the learned trial court has acquitted the accused respondent for the offence punishable under Section 302 I.P.C.

(2.) BRIEF facts of the case are that in the intervening night of 28th and 29th July, 1992 at about 1:35 AM, PW 14 Bagta Ram submitted a written report Exhibit P/9 at Police Station Sursagar, Jodhpur while stating that at about 12:30 AM Babu Lal S/o Gena Ram was crying in front of house of Harchand Ram that he is burning. He immediately went there and found that Babu Lal's mother, brother and Dungarram were sitting there. It is stated in the complaint that as there was no conveyance available to take Babu Lal to hospital, he reached the police station to report the matter.

(3.) TO prove the charge against the accused respondent, the prosecution had produced as many as 17 witnesses. The statements of accused respondent were recorded under Section 313 Cr.P.C. and his wife Smt. Sattu was produced as defence witness. As per defence, the deceased himself lit the fire and prior to that, he threatened that he would commit suicide by inflaming himself.