PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal appeal has been filed by the accused-appellant against the judgment dated 29. 9. 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 months' rigorous imprisonment.

(2.) ON the basis of the `parcha-Bayan' Ex. P2 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 8. 9. 99, which was subsequently converted into Section 302 IPC after the death of Smt. Dharmi on the same day i. e. 8. 9. 99.

(3.) MR. Biri Singh, counsel for the accused-appellant submitted that no case under Section 302 IPC is made out. He further assailed the admissibility of dying declaration. PW. 2 Dr. P. C. Patni has examined accused-husband of Smt. Dharmi, also and stated that there were two burn injuries on the person of the accused-appellant, which can be caused when a person makes an attempt to save a burning person and he prepared the injury report of the accused, which is Ex. P. 4. Dr. Patni has also stated that on examination of the accused Pratap, there were no symptoms of consuming alcohol. He has further stated in his cross-examination that there was no smell of kerosene from the body of injured Smt. Dharmi (since deceased) and her lower portion up to 1/3rd level of foot was not burnt. Alternatively, the counsel for the accused-appellant submitted that since the accused has also suffered burn injuries at two places on his person, which have been caused while he made an attempt to save his wife from burning, therefore, there was no intention of the accused-appellant to cause death of his wife and at the most, the present case is of Section 304 Part-II IPC, instead of Section 302 IPC.