MUNSHI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 26.09.2011 passed by Additional District and Sessions Judge (Fast Track) No. 1, Alwar in Sessions Case No. 09/2011 by which the accused-appellant Munshi Khan has been convicted for offence under Section 302 IPC and accused-appellant Mehmoodi for offence under Section 302/34 IPC and sentenced to life imprisonment with fine of Rs. 5,000 each and in default whereof to further undergo imprisonment of one year. They have also been convicted for offence under section 316 and 316/34 IPC respectively and sentenced to rigorous imprisonment of seven years with fine of Rs. 2,000 each and in default whereof to further undergo imprisonment of six months. Both the sentences were ordered to run concurrently.

(2.) Brief facts giving rise to this appeal are that on the basis of parcha bayan of Smt. Tanuja wife of Sahab Khan (Ex.P17) recorded in Mittal Hospital, Alwar on 06.10.2010, a first information report No. 455/2010 for offence under Section 307 IPC was registered at Police Station, Udyog Nagar, Alwar and investigation commenced. As per the FIR, deceased was married to Sahab Khan. Her mother-in-law Mehmoodi and jeth Munshi Khan (elder brother of husband) were having enmity with her. On 06.10.2010 at about 7 AM, while she was preparing tea, her mother-in-law and jeth poured kerosene oil on her and lit the fire. Her husband took her to the hospital. Investigation was commenced on the FIR. Statement of deceased (Ex.P20) was also recorded in presence of the Judicial Magistrate, wherein she alleged that yesterday night, she had a quarrel with her mother-in-law and jeth. Today in the morning at about 7.00 AM, when she was preparing the tea, Munshi Khan poured kerosene oil on her and set her to fire. He committed this offence on account of quarrel with her. She did not level any allegation against her mother-in-law Smt. Mehmoodi. During the course of investigation, Smt. Tanuja expired on 19.10.2010 postmortem was conducted on her body and in the opinion of the Doctor, the cause of death was septicemia shock due to extensive burn injuries. On 07.10.2010, she gave birth to a dead female fetus. Her dying declaration was recorded on 06.10.2010.

(3.) During the course of investigation, the accused appellants were arrested. After completing the investigation, the police filed the challan for offences under Sections 302 and 316 IPC. Charges were also framed for offence under Sections 302 and 316 IPC. The accused denied the charges and claimed to be tried. The prosecution produced as many 12 witnesses in support of its case and exhibited 21 documents. The accused appellants were examined under section 313 of Cr.P.C., 1973 and they produced 3 witnesses in their defence. After hearing both the parties the learned trial court vide impugned judgment and order dated 26.09.2011 convicted and sentenced the accused appellants as indicated above. Hence this appeal.