SURENDRA SEN Vs. STATE

JUDGEMENT

(1.) The appellant stands convicted and sentenced as below vide judgment dated 22.07.2015 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Jodhpur Metropolitan in Sessions Case No.2/2013.

(2.) Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374 (2) of the CrPC. Succinctly stated, facts relevant and germane for deciding the appeal are summarized hereinbelow.

(3.) Sub-Inspector Sallu Khan posted at Police Station Mahamandir, Jodhpur recorded a Parcha Bayan (Ex.P/7) of Smt. Sangeeta, wife of the appellant herein, in the emergency ward at the Mahatma Gandhi Hospital, Jodhpur on 24.07.2011 at 11.30 p.m. In the said statement, Smt. Sangeeta divulged that she was married to Surendra Sen, the appellant herein, about nine years ago. She had a son named Akash from the wedlock with the appellant. Her husband was doing the job of barber in the BZS Colony, Jodhpur. In the very same night at about 8-9 o'clock, she lit a lamp for offering prayers and threw the burning matchstick on the floor. Kerosine had spilled from a bottle lying on the floor and as a result, no sooner the matchstick fell on the spilt kerosine, her clothes accidentally caught fire. Her husband, who was at home, came and both of them doused the fire. She herself poured water to put out the fire. For quite some time, she remained at the spot. Thereafter her cousin brother (Bua's son) Pukhraj sen came to her house and took her to the Mahatma Gandhi Hospital, Jodhpur in a taxi. Thereafter her family members, i.e. mother, father and brother also reached the hospital. She stated that she had not been set to fire by anyone. She had no quarrel with her husband. She accidentally caught fire while lighting the lamp. Since from this statement, ingredients of offence was not being disclosed, no action was taken.