PRABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1.8.94 passed by the learned Additional Sessions Judge No. 3, Kota, by which he convicted the accused appellant for the offence under Sec. 302 Penal Code and sentenced him to undergo imprisonment for life and a fine of Rs. 500.00 and in default of payment of fine, to further undergo two months simple imprisonment.

(2.) The appellant with his father Moolchand, mother Mangi Bai was tried by the learned Additional Sessions Judge for the offence under Sec. 302, 304-B Penal Code for committing murder of Smt. Anar Bai wife of appellant. After trial, Moolchand and Mangi Bai were acquitted for the offence under Sec. 304-B IPC, but the appellant was held guilty under Sec. 302 IPC.

(3.) In short, the facts of the case are that Anar Bai deceased was married about five year back with the appellant before her death. She was residing with her husband at the time of her death. On 3.3.93-at about 11.00 P.M. Smt. Anar Bai was admitted in the M.B.S. Hospital, Kota in burnt condition having 90% burns. The Police Station, Gumanpura, Kota was informed. After receiving the information ASI, Deen Dayal along with other police officials rushed to the hospital, where Parcha-bayan Ex.P 6 of Anar Bai was recorded. She stated that she is living with her husband. At about 8.30 P.M. when she was cooking food accused appellant was also present in the room. Her husband Prabhu Lal accused-appellant poured kerosene oil on her from a tin and set fire her Sari from the burning stove. She do not know who brought her in the hospital. On the basis of the parcha bayan a case Crime No. 114/93 under Sections 307, 498-A Penal Code was registered at Police Station, Gumanpura. As the condition of Anar Bai was critical, her statement under Sec. 164 Cr.PC. Ex.P 8 was also recorded by the Judicial Magistrate. She narrated to him the same facts.