GANGARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-appellant, who is husband of the deceased, has preferred this criminal appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 17.5.2016 passed by the Additional Sessions Judge (Women Atrocities Cases No.1), Jaipur Metropolitan, Jaipur in Sessions Case No.91/2012 whereby the appellant has been convicted for the offence under Section 498-A IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- and in default thereof to suffer further rigorous imprisonment for three months and has also been convicted for the offence under Section 306 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default thereof to further undergo rigorous imprisonment for three months. It was also directed that both the substantive sentences would run concurrently.

(3.) Brief relevant facts for the disposal of this appeal are that on the basis of 'Parcha Bayan' of deceased-Smt. Sita Devi recorded by SHO- Shri Madan Singh Chouhan, Police Station Nahargarh Road, Jaipur on 8.4.2012 at 1:50 am i.e. in the midnight of 7.4.2012 and 8.4.2012 while the deceased was undergoing treatment in the burn ward of SMS Hospital Jaipur, FIR No.64/2012 for the offence under Section 498-A IPC was registered at Police Station Nahargarh Road, Jaipur against the appellant. In the said 'Parcha Bayan', it was alleged by the deceased that on that day about 11-11:30 in the night she asked her husband for medicine as she was suffering from disease of 'cough' upon which altercation ensued between them and at that time her husband was under the influence of liquor. It was also alleged in the statement that she was fed up with the treatment meted out upon her by her husband as he was harassing her daily after taking liquor. It was also stated by her that she set herself on fire after pouring kerosene oil upon her. It was further stated that her husband, sister-in-law and mother-in-law tried to rescue her. On the basis of aforesaid FIR, investigation was commenced and her dying declaration (Exhibit P-18) was also recorded by a Magistrate on 11.4.2012. Thereafter, she died on 12.4.2012 and offence under Section 306 IPC was also added. After usual investigation, charge-sheet was filed against the appellant for the offences under Sections 498-A and 306 IPC. It is to be noted that in the process of rescuing deceased, appellant and his mother-Smt. Surja Bai also received burn injuries and Smt. Surja Bai later on died as a result of those injuries. In order to prove the charge framed against the appellant, prosecution produced oral as well as documentary evidence whereas appellant in his statement recorded under Section 313 Cr.P.C. denied the evidence produced on behalf of the prosecution, but in defence no evidence was produced. Learned trial Court after considering the submissions made on behalf of the parties and appreciating and evaluating the evidence available on record convicted and sentenced the appellant in the matter already stated.