SUGRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant has filed this appeal against the judgment dated 23.11.2001 passed by Additional Sessions Judge, Sojat, Camp Jaitaran in Sessions Case No. 5/1996, by which he acquitted accused-appellant and her son Aslam of the offence under section 498-A I.P.C., but convicted the appellant under Section 302 I.P.C. and sentenced her to undergo life imprisonment, and fine of Rs. 2000/-, in default of payment of fine, to further undergo six months' rigorous imprisonment.

(2.) Brief facts of the prosecution case are, that deceased Jamila wife of Aslam made "Parcha Bayan" Ex.P-13 on 24.10.1995 and alleged, that she was married to Aslam before one and a half year, she was harassed and tortured by her husband and mother-in-law, the appellant. Jamila further narrated, that at 4.00 P.M., appellant poured kerosene, lying in "Kupi", on her and sat her on fire by matchstick, she ran outside, where elder father-in-law Rimuji, Devar Khurshid and other neighbour poured water on her. Her husband had gone to other village in morning, he gave beatings to her by kicks and fists. She also alleged, that her husband had illicit relations with some other ladies and to get rid of her, appellant has burnt her. On this "Parcha Bayan", a case under Sections 307, 324 and 498-A I.P.C. was registered and during investigation, Jamila died on 31.10.1995 and after investigation, challan was filed under Sections 498-A and 304-B I.P.C. After committal, Additional Sessions Judge framed charge under Sections 302, 498-A I.P.C. against the appellant and under section 498-A I.P.C. against Asraf. Prosecution has examined 18 witnesses, whereas the defence has examined 4 witnesses. After hearing arguments, appellant was convicted under Section 302 I.P.C. and sentenced as mentioned above and appellant and her son were acquitted under Section 498-A I.P.C.

(3.) Heard learned counsel for the parties and perused record.