JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE are exercising powers of suo moto revision also in this appeal by Jagdish, the appellant, who has been convicted for the offence under Section 302 IPC for causing death of his wife, Smt. Chand, by burning her alive. The allegation as per the prosecution is that the father of the deceased, Smt. Chand, filed a complaint at the Police Station, Ram Ganj (Jaipur) on September 16, 1981, mentioning therein that his daughter - Smt. Chand is married to Jagdish, the appellant, before 5 -6 years; at his house at about 9.30 - 10 a.m. on September 16,1981, Madan Lal Khatik came and informed him that Smt. Chand has been burnt alive by pouring kerosene oil on her; upon this, he rushed to the house of Smt. Chand's -in -laws but, there, Smt. Chand was not available. The enquiries were made and he found that Smt. Chand was shifted to the place of his maternal uncle -in -law where, he saw Smt. Chand lying unconscious and that, he suspected that his daughter has been burnt by his son -in -law, Jagdish, and other members of her in -laws' family by pouring kerosene oil for the purpose of causing death.

(2.) ON receipt of this report, the police started investigation. During the investigation, Smt. Chand expired. Before she expired, the dying declaration was recorded by the Magistrate. After completion of the investigation, the commitment proceedings were made and the accused -appellant was tried for the offence under Section 302, IPC.

(3.) THE appellant -accused has filed an appeal against his conviction and sentence. The State has not filed any appeal for enhancement of the sentence.