AJJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellant-Ajji @ Saleem @ Salimuddin under section 374 of the Code of Criminal Procedure, 1973 assailing the judgment dated 3/2/2018 passed by learned Additional Sessions Judge, No.12, Jaipur Mahanagar in Sessions Case No. 9/2012 by which accused-appellant was convicted for offence under section 302 IPC and sentenced to imprisonment for life with a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo one year simple imprisonment.

(2.) Brief facts giving rise to filing of this criminal appeal are that a parcha bayan of Ku.Nazmin d/o Saleem (Ex.P/1) was recorded on 16/10/2008 by the Shammi Khan (PW25) S.H.O. Police Station, Lal Kothi wherein Ku.Nazmin stated that a shop of general provision store was being run by one Ajji @ Salim in her locality and her house was also in the same locality. Ajji is considered in relation with her as maternal grand father. She used to go to the shop of Saleem @ Ajji for purchasing articles. On 16.10.2008, at about 4.30-5.00 P.M, she along with her younger brother Wasim went to the shop of Ajji and her brother Wasim stood outside the shop. She had put lipstick on her lips, which was objected by Ajji @ Saleem, but she responded that she would do whatever she likes. Upon which, Ajji @ Saleem became furious and poured kerosene oil over her body from the plastic container and set her on fire by a matchstick. Neighbours came to her rescue but she did not remember what happened afterwards . She further stated that at that time, she was wearing a baniyan, undergarments and salwar suit which were also burnt and she was not subjected to any sexual assault. She further stated that she was studying in 6th standard. Ajji after setting her on fire fastened the door of the shop and ran away from the place of occurrence and thereafter she unfattered the door and made an exit.

(3.) On the basis of the parcha bayan, a regular first information report no. 153/2008 (Ex.P/25) for offence under section 307 IPC was registered at PS Lal Kothi and the investigation commenced. During the course of treatment of burn injuries,, the injured girl died on 27.10.2008 due to septicemia brought about as a result of ante-mortem dry heat flame burns and therefore offence of Section 302 IPC was added. During the course of investigation, one complaint was made by the father of the injured girl regarding rape committed upon her daughter prior to setting her on fire, on which the medical examination regarding rape was conducted and statement under section 164 Cr.P.C. was also recorded. Thereafter, charge-sheet was submitted against the accused appellant for the offence under Sections 307, 354, 376 and 302 IPC.