LAL CHAND BRAHMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail appeal preferred by the accused against the judgment dated 21.12.1988 passed by learned Sessions Judge, Churu in Sessions Case No. 70/1987 whereby the learned trial Court convicted the appellant Lal Chand for offence under Section 302 IPC and Section 498A IPC and sentenced him as under:-

(2.) As per brief facts of the case, on 13.05.1987, a communication was received from the Medical Jurist of Ratangarh hospital to the effect that one Basanti Devi W/o Lalchand, r/o Ratangarh was admitted in hospital in severe burnt condition. Upon receiving such information, the ASI Prithvi Singh went to the hospital and recorded the statement of Basanti Devi. In the statement, Basanti Devi stated that her marriage was solemnized with Lalchand about two and half months back. Her husband had brought her from her parents house after a period of 16 days. The day before occurrence, at around 10 AM in the morning, after cooking food she went to sleep. At that time, her elder brother-in-law (Kanhaiya lal) and younger brother-in-law Raju were present in house. It was stated at around 12 in the afternoon, her husband came from his shop and asked her as to why she is sleeping, upon which, she replied that she is feeling well. The appellant husband bolted the door from inside and assaulted her with fists and blows. Upon raising hue and cry, women from neighbourhood came to her rescue but the appellant threatening to kill went back to his shop. It is further stated that around 4 O'clock, appellant came back with kerosene in a can and poured kerosene upon her and lit fire. She came out from the house raising hue and cry upon which a person put a blanket on her and took her inside the house. The appellant husband went back to his shop. On the next day, the uncle and parents of Basanti Devi took her to Ratangarh hospital.

(3.) On the basis of said complaint, the Police registered FIR against the accused-appellant for offences under Sections 307 IPC and investigation commenced. Smt. Basanti expired on 25.05.1987 then police added the offence under Section 302 and 498A IPC. After thorough investigation, the police filed a challan against the appellant under Section 302, 498A IPC before the court of Additional Chief Judicial Magistrate, Ratangarh. Later on the case was transferred to the court of District and Sessions Judge, Churu.