GIRRAJ JANGID BRAHMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal aggrieved by judgment and order dtd. 15/12/1987 passed by Additional Sessions Judge No. 1, Kota in Sessions Case No. 50/86 whereby appellant has been convicted for offence under Sec. 306 IPC and has been sentenced to five years rigorous imprisonment and fine of Rs.250.00 and on non-payment of fine, to further undergo two months rigorous imprisonment.

(2.) In brief the factual matrix of the case are that on 11/4/1986 Kanhaiyalal, father of deceased, lodged FIR Ex. P1 at 9.00 a.m. to the effect that the complainant had gone to attend "Kumbh Mela" at Haridwar and when he returned on 11/4/1986 he received information that his daughter has been burnt. Upon receipt of this information, he rushed to the hospital and inquired from his daughter. His daughter informed that the appellant has poured kerosene and after putting her ablaze ran away from the house after locking the room. She also stated that when she shouted, neighbours broke open the ventilator and saved her. Police after due investigation, submitted charge-sheet under Sec. 302 IPC. Court after hearing the charge argument framed charges under Sec. 302 IPC and in the alternate under Sec. 306 IPC. Accused denied the charges and sought trial, upon which as many as 12 witnesses were examined on behalf of the prosecution and 10 documents were exhibited. Accused was examined under Sec. 313 Cr.P.C. In defence D.W. 1 - Shankarlal was examined and documents Ex. D1 to D5 were exhibited on behalf of the defence.

(3.) Learned trial Court after hearing the final arguments, acquitted the appellant under Sec. 302 IPC but has convicted the appellant under Sec. 306 IPC and has passed the sentence as mentioned hereinabove. Aggrieved by which the present appeal has been filed.