JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was charged under Section 302 of the Indian Penal Code for murdering his wife Munni. He was convicted and sentenced by learned Additional Sessions Judge (Fast Track) Beawar District Ajmer vide Judgment dated February 27, 2003 to suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer six months imprisonment. Against this judgment that the present action for filing the appeal has been resorted to by the appellant.

(2.) It is the prosecution case that on February 19, 1999 at 9.35 PM Vikram Singh, Circle Inspector of Police Station Beawar Sadar, recorded parcha bayan (Ex.P-6) of Munni, who was admitted in Hospital Beawar after sustaining burn injuries. In the Parcha Bayan Munni stated that she entered into Nata Marriage ten years back with the appellant, who was in the habit of consuming liquor. The appellant came to the house in the evening in a drunken state, poured kerosene on her and set her ablaze. He also gave blow with stone on her chin. On the aforesaid parcha bayan a case under Sections 307 and 326 IPC was registered and investigation commenced. During investigation Munni succumbed to her injuries and Section 302 IPC came to be added. Autopsy on the dead body was performed, statements of witnesses were recorded, appellant was arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Beawar District Ajmer. Charge under Section 302 IPC was framed. The accused denied the charge and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under Section 313 Cr.P.C, the appellant claimed innocence. In defence Dw. 1 Moti was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) We have heard the rival submissions and scrutinised the record.