SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Smt. Santosh wife of accused Sita Ram on 15.10.1999 was admitted in hospital in burnt condition gave a statement Ex.-P/16 to S.H.O., Police Station, Nagaur stating inter-alia that she was married to Sita Ram before six months and her father-in-law Sriram brought her to matrimonial house from her parental house, on a day before incident, she resisted while en-route to go to matrimonial house at Bus Stand, Nagaur where people gathered, after seeing her resistance. The police was called who took both of them to the police station where she disclosed to the police that because of fear of beating, she is nothing to go to her matrimonial house, but there she was made to understand by her uncle-in-law Durga Ram and one police constable Pema Ram was also sent with them upto her matrimonial house. During night, she along with her mother-in-law Meera and husband Sita Ram slept in jhupa . Early in the morning at 6.00 a.m., his uncle-in-law Durga Ram, brother-in-law and constable Pema Ram went to answer natural call and her father-in-law and mother-in-law went into Bada for milking cow. Her husband and she remained in jhupa where husband stated to her that she is of no use to him and he will not keep her, while saying so he poured kerosene oil on her and ignited the fire. On making noise by her, her mother-in-law and father-in-law came and extinguished the fire. It is her husband, who has burnt her. This report was written by the S.H.O., Police Station, Nagaur as per her statement in the presence of Dr. PW-15 Suraj Mal Mishra. Initially, the case was registered under Section 307 I.P.C., but when Smt. Santosh expired on 13.11.1999, a case under Section 302 I.P.C. was also registered against the accused-appellant.

(2.) On this Purchabayan, the police after investigation submitted a challan against the accused-appellant under Section 302 I.P.C. in the Court of Additional Sessions Judge, Nagaur. The accused denied the charges levelled and claimed for trial. The prosecution in all produced nineteen witnesses and exhibited documents Ex.-P/1 to Ex.-P/21. The accusedappellant in his statement under Section 313 Cr.P.C. denied the allegation of the prosecution witnesses. No defence was led by the accused.

(3.) The trial court after evaluating the oral as well as documentary evidence convicted the accused under Section 302 I.P.C. and sentenced him to undergo life imprisonment along with fine of Rs. 1,000/-; in default thereof further to undergo three months rigorous imprisonment. The accused-appellant has preferred this appeal against the said judgment dated 4.9.2001 passed by the Additional Sessions Judge, Nagaur.