CHIRANJEE LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHARMA, J The appellant was charge sheeted for the murder of his wife Geeta. Learned trial Court found him guilty under Section 302 IPC and convicted and sentenced him to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer six, months rigorous imprisonment. Hence this appeal.

(2.) ACCORDING to the prosecution version on September 15, 1999 at 2 PM the appellant had quarreled with Geeta, doused her with kerosene and set her ablaze. She was later removed to Hospital Jaipur. A statement was recorded from her by Ramesh Tiwari Police Inspector (PW. 5) on September 16, 1999 at 3. 35 PM, which became the basis for the FIR later she succumbed to her burn injuries. 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 and stated that he did not set her ablaze, but made attempt to save her from death and he himself sustained burn injuries. Learned trial Court relied on the dying declaration and came to the conclusion that it was the appellant who set Geeta ablaze and caused her death. He was therefore convicted under Section 302 IPC.

(3.) FOR these reasons, we dispose of the instant appeal in the following terms:- (1) We partly allow the appeal of appellant Chiranjee Lal and instead of Section 302 IPC, we convict the appellant under Section 304 Part II CPC and sentence him to suffer rigorous imprisonment for seven years. (2) The impugned judgment of learned trial Court stands modified as indicated above. .