SITARAM SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused -appellant challenging the judgment dated 8.11.2006 passed by the court of Additional Sessions Judge (Fast Track) No.1 Jaipur City in Sessions Case No. 25/2006 whereby, the accused -appellant has been convicted and sentenced as under: - For offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.2,000/ - and in default of payment thereof, to further undergo six months R.I.

(2.) THE short facts of the case are that PW/12 Jahangir, SHO, Police Station Murlipura, Jaipur went to S.M.S. Hospital Burn Ward on receiving information that one Shashi @ Sushila was burnt and admitted in the hospital. He recorded the statements of Sushila (Ex.P/5) in which it has been stated by her that she is working in the factory of the appellant from last 7 -9 months. Today at 9.30 A.M. she went to the factory, Sita Ram, Mahendra and Mukesh were there. She learnt that Sita Ram was having illicit relations with mother of Guttan whereas he claimed her to be sister. She forbade Sita Ram for the same then he threatened to kill her and to her both children and he poured chemical on her and again threatened her to kill her children. She bolted the room from inside thereafter people arrived there. They broke upon the room and took her to hospital, Sita Ram after pouring chemical on her and putting her on fire by match -stick went in the bathroom. She has further stated that due to threat extended for killing of her child, she bolted the room from inside. On the statement of deceased, FIR No. 314/2005 was registered. Sushila died on 21.12.85 at 4.50 AM and after usual investigation, charge sheet was filed against the appellant for the offence under Section 302 IPC and, thereafter, the case was committed to the court of sessions and entrusted for trial to Additional Sessions Judge (Fast Track) No.1 Jaipur City.

(3.) AFTER committal of the case, the trial court framed the charges against the accused -appellant for offence u/S 302 and 306 IPC which were read over to the accused but the accused denied the charges and claimed to be tried.