PRAKASH ALIAS OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Section 374, Cr. P. C. through the jail authorities, by the convict appellants against the judgment and order dated 29-1-1993 whereby the appellant has been convicted under Section 302, I.P.C. and sentenced to life imprisonment and a fine of Rupees 200/- and, in default of payment of fine, to further undergo one month's rigorous imprisonment.

(2.) The prosecution story relevant for the present decision is as follows : Smt. Santara (deceased) was married to the appellant about 15 years prior to the incident which took place on 9-5-1991 at about 8 a.m. Besides P. W. 6 Kum. Sunita aged 10 years, two more daughters were born out of their wedlock. P.W. 3 Anwar and P. W. 4 Trilok are brothers of the appellant. P.W. 2 Smt. Mohani is their mother. The appellant was living in Pattipeda, Rani Bazar, Bikaner. The appellant often meted out cruel and torturous treatment to his wife (deceased) and used to beat her.

(3.) On 9-5-1991 at about 8 a.m., while Smt. Santara was at her house, the appellant was in a state of drunkenness and he started abusing her and, lastly, he poured a tin full of Kerosene on Smt. Santara and he lit a match-stick and set Smt. Santara ablaze and as a result she was seriously burnt. She cried and as a result, P.W. 2 Mohani, who was living in the neighbouring house along with her another son P.W. 3, Anwar, as well as neighbours came to the spot. Smt. Santara was taken to the P.B. M. Hospital, Bikaner in a serious and burnt condition. She was immediately admitted as an indoor patient.