BHAGIRATH S/O GORURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Section 374 (2) of Cr.P.C., the accused appellant, Bhagirath, has challenged the judgment dated 29th of Aug., 2011 passed by learned Addl. Sessions Judge, Rajgarh, District Churu (Trial Court) in Session Case No.18/2008, by which the accused appellant, Bhagirath, was convicted for the offences under Sections 498A and 302 of IPC and following sentence was passed against him: -

(2.) Briefly stated, the facts of the case are that on 16.05.2008 at 03.50 PM, Assistant Sub-Inspector, Mangilal (PW.12) of Police Station Rajgarh, recorded statement ("Parcha-Bayan") Ex.P/19) of Smt. Suresh Devi, wife of accused appellant, Bhagirath, who was under treatment at Government Hospital, Rajgarh, District Churu. In the "Parcha-Bayan", it was alleged by Smt. Suresh Devi, that my husband after consuming liquor used to harass me and on the date of incident at about 12-12.30 in the afternoon, when I was sleeping inside the house under "Chhapra" (Shed), my husband poured kerosene upon me and lit fire. On the basis of above "Parcha-Bayan" of Smt. Suresh Devi, F.I.R. No.158/2008 was registered at Police Station- Rajgarh, u/s 498A and 307 of IPC against the appellant, Bhagirath, and investigation commenced.

(3.) During investigation, Smt. Suresh Devi, died on 25.05.2008, therefore, offence u/s 302 of IPC was added. After completing the investigation, Challan was filed against the accused appellant for offences u/s 302, 498A of IPC in the court of learned A.C.J.M., Rajgarh, from where the case was committed for trial to the court of Addl. Sessions Judge, Rajgarh, District Churu.