BHAGWAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 5.1.11 passed by the Additional Session Judge No. 2, Chittorgarh in Sessions Case No. 10/10, whereby while acquitting the appellant for offence under Section 498A IPC, convicted him for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine Rs. 5,000/-; in default in payment of fine to further undergo one year simple imprisonment.

(2.) The prosecution story in nutshell may be summarized thus: On 15.3.09, Smt. Seema, who was admitted to Community Health Centre, Begun in burnt condition, gave a statement (Ex. P/1) to P.W.15-Rajendra Singh, the Assistant Sub Inspector, Police Station, Begun to the effect that she had entered into marriage 15 years ago with Bhagwan Lal s/o Nanda Jatiya, resident of Bambori. Out of the wedlock, three sons and a daughter were born. Bhagwan Lal under intoxication of liquor often used to pick up quarrel and beat her. On 14.3.09, around 10 P.M. when she served the meal to her husband, he kicked the plate. She didn't utter a word, then he kicked in her waist. Thereafter, her husband, the appellant herein, brought a kerosine tin from inside the house, poured the kerosine on her head and lighted the matchstick, due to which her clothes got burnt. On screaming by her and her children, her brother in law and his wife in the neighbourhood, came and extinguished the fire. Then, her brother in law, his wife and villagers took her for treatment to Begun in a jeep. She stated that due to burn, her face, both hands, chest, back and neck were burnt.

(3.) On the basis of the parcha bayan (Ex. P/1), recorded by P.W.15-Rajendra Singh in presence of P.W.8-Dr. Narendra Kumar Sharma, P.W.1-Jamna Lal, P.W.2-Kalu and P.W.9-Gangaram, the police registered the FIR (Ex. P/18) on 15.3.09 at 1.55 A.M. and the investigation commenced.