DHANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dated 05.06.2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No. 39/2012 whereby the accused-appellant was convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 5,000.00 and in default of payment of fine to further undergo six months additional simple imprisonment.

(2.) The prosecution story as revealed in the dying declaration of Smt. Kanku (Ex.P/18) recorded by Ramratan, A.S.I., Police Station Banera (P.W. 19) while she was undergoing treatment in the Female Burn Ward of Mahatma Gandhi Hospital, Bhilwara is that she was married to the accused Dhanna Lal for last about 15 years. From the wedlock, she had one son and three daughters. The elder daughter Chanda was 14 years of age and younger to her was Vimla, 12 years of age. Her daughter Jasoda and son Bablu were twins. Her maternal home was at Dhudhala and the name of her mother was Smt. Harku. She was having one brother, namely, Narayan. On 30.01.2012 at around 7.00 P.M., she was preparing the bed. Her husband Dhanna Lal abused and poured kerosene upon her from a jerrycan. While she was trying to escape, he ignited fire with a matchstick resulting her clothes catching fire. Because of the burn injuries, she became unconscious. She was not aware who called the ambulance and took her to the hospital. Her husband quarrelled with her as she used to talk on mobile.

(3.) On this parcha bayan, a formal F.I.R.No. 12/2012 was registered at Police Station Banera, District Bhilwara for the offences under Sections 307 & 323 of I.P.C. against the accusedappellant. During the course of investigation, the victim Smt. Kanku died and therefore, the police added Sec. 302 of I.P.C. in the matter and arrested the accused-appellant on 01.02.2012.