PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused-appellant against the judgment dated 29.09.2000 passed by the Additional Sessions Judge, Kishangarh, Ajmer whereby he has been convicted under Section 302, IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further suffer six month's rigorous imprisonment.

(2.) On the basis of the 'Parcha Bayan' Exhibit P-2 given by Smt. Dharmi W/o Pratap, a criminal case was registered against the accused-appellant Pratap initially for the offence under Section 307, IPC on 08.09.1999, which was subsequently converted into Section 302, IPC after the death of Smt. Dharmi on the same day i.e., 08.09.1999.

(3.) The case of the prosecution as per the aforesaid 'Parcha-Bayan' Exhibit P-2 which was later on converted into dying declaration after the death of Smt.Dharmi and subsequent evidence on record, is that on 08.09.1999 PW. 8 Jeewanram, ASI, P.S. Madanganj received a telephonic information that a woman suffered severe burn injuries at Maliyon-Ki-Dhani, Chamragarh, Madanganj and on receipt of the said information, PW. 8 Jeewanram, ASI went on the place of occurrence and got the injured woman admitted in Y.N. Hospital, Kishangarh.