NATHULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Nathulal has preferred this appeal under Sec. 374 Crimial P.C. against the judgment dated 17.1.2002 passed by Sessions Judge, Dungarpur whereby convicting the accused appellant under Sec. 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000.00; in default of payment to further undergo 3 months simple imprisonment.

(2.) In succinct the facts are that on 29.4.2000 in Surgical Ward, General Hospital, Dungarpur, statement of Miss Indu Ladha, while having treatment for burn injuries was recorded by the S.D.M., Sagwara, wherein she narrated that she is a student of Third Year Arts in Dungarpur Girls College for the last 3 years and is living in a rented house of some Chaubisa. On the day of incident at about 10:00 A.M. she came to the residence of Nathulal Damore with whom she is having friendship and intimacy. She was in the room of Nathulal cooking food and beside her Nathulal was sitting having a Match Box in his hand. Nathulal asked her whether she can ignite a match from floor to which she denied, in turn Nathulal told her, he can do the same. Two-three days prior to the incident there was a marriage of her brother and from a spark emitted by a cracker, she received burn injury on her stomach, about which also Nathulal inquired and compelled her to reply as to how this burn injury took place. Repeatedly when she was being asked, she told him the same reply and told him why he was asking repeatedly the same question to this Nathulal took a container which was lying nearby, having a small quantity of Kerosene, and after pouring the Kerosene on her, Nathulal again asked the same question and out of anger he ignited the match and threw it on her maxi. A fire broke out. Nathulal brought a blanket and tried to extinguish the fire, but when he failed he poured water on her body and took her to the hospital. On the evening day before she was also with Nathulal and prepared food for him. Out of fun the fire took place. There was none else in the room. On this statement recorded by the S.D.M. a case under Sec. 307 I.P.C. was registered against Nathulal.

(3.) She died in the hospital at Ahmedabad on 5.5.2000. The case was converted from Sec. 307 I.P.C. to Sec. 302 I.P.C. The police after investigation submitted a challan against accused Nathulal under Sec. 302 I.P.C.