RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- The present appeal arises out of judgment of the learned Sessions Judge, Jodhpur in Sessions case No. 122/95 whereby the accused-appellant has been convicted under Sections 302 and 498-A, I.P.C. and was sentenced to imprisonment for life under Section 302, I.P.C. and one year's rigorous imprisonment under Section 498-A, I. P. C. along with fine of Rs. 1000/-.

(2.) Being aggrieved by such conviction and sentence, the present appeal has been filed by the appellant.

(3.) The prosecution started with the recording of Ex.P.1 statement of the deceased Smt. Suraj by Pooran Singh, S.H.O., Police Station, Pratap Nagar, Jodhpur. This statement was recorded by Pooran Singh at 10 A.M. while Smt. Suraj was undergoing treatment in the Burn Unit of Mahatma Gandhi Hospital, Jodhpur. According to this statement Smt. Suraj had stated before the S.H.O., Police Station, Pratap Nagar, Jodhpur that she is educated up to 8th Class. While she was in the house sitting near the Paniara, her husband poured kerosene on her and lit the match stick. Her mother-in-law and father-in-law are not involved. Her husband has illicit relations with one Pinky. This is the bone of contention in between them. On this score he was annoyed with her. She has also stated that he used to make demands for money for which he used to say that bring it from your mother. She was brought to the hospital by the brother-in-law of her husband. This statement Ex.P.1, after recording, was sent to the Police Station, Pratap Nagar. P.W. 20 Harish Chandra Singh Investigating Officer after receiving this statement at the Police Station recorded a formal first information report which is produced on the record as Ex.P.15. The investigation started after lodging of the first information report as aforesaid. After completion of the investigation a charge-sheet was presented, the charges were framed against the accused- appellant under Sections 302 and 498-A, I.P.C. Accused denied the charges and claimed trial.