STATE OF RAJASTHAN Vs. SANTOSH KUMAR @ SHANTILAL

JUDGEMENT

(1.) The instant appeal under Section 378 of the Code of Criminal Procedure ('the Code' for short) is directed against the judgment and order dated 18.10.1984 rendered in Sessions Case No.95 of 1983 by which respondent accused Santosh Kumar @ Shantilal came to be acquitted of the offence under Section 302 of the Indian Penal Code ('IPC', for short) by giving him the benefit of doubt.

(2.) The facts leading to this appeal are that complainant Kashi Ram's daughter Manju alias Santosh was married to accused 15 months before the incident and as the accused was not having good relation with his family members, he was living with his wife Manju in the complainant's house situated at outside Bidasar Bari, Bikaner. On 02.09.83, complainant's brother Sohan Lal informed complainant Kashi Ram in the night that his daughter was burnt by accused in the morning at about half past seven O' Clock. Manju cried for help and hearing his shouts Bhanwari w/o Thakur Das Suthar and Pana w/o Moda Ram Nayak rushed to the site of the occurrence. At that time, the main door of the house was closed and the accused was inside, who opened the door only after knocking it again and again and when the door was opened by accused, they found Manju burnt. Manju was taken to hospital where she was declared dead.

(3.) Complainant reached Bikaner on 03.09.1984 at 5 AM in the morning and submitted report Ex.P/2 with the police at police Station Kot Gate, Bikaner at about 2.30 PM and pursuant to the submission of report FIR case was registered against accused and investigation was put into motion. During the course of investigation, inquest on the dead body of the deceased was held and thereafter the dead body was sent for autopsy. Site plan of the place of occurrence was prepared and the statements of witnesses were recorded, The articles collected from the site were sent for chemical analysis. On receiving the postmortem report and FSL report, sufficient incriminating evidence was found against the accused, therefore, chargesheet for the offence under Section 302 was filed against accused in the Court of Munsif & Judicial Magistrate, Bikaner.