OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant Om Prakash being aggrieved by the judgment dated 21.08.2013 passed by the learned Additional Sessions Judge, Woman Atrocities Cases, Bhilwara in Sessions Case No.72/2010, whereby the accused-appellant has been convicted and sentenced for the offence under Section 302 IPC and sentenced for imprisonment for life alongwith a fine of Rs.10,000/- and in default of payment of fine, further to undergo two years' Simple Imprisonment.

(2.) The brief facts giving rise to the present appeal are that on the basis of the Parcha Bayan of Smt. Kanku w/o Om Prakash, an FIR No. 95/2010 (Ex.P/25) was registered at Police Station Banera for the offence under Section 307 IPC. In the statement, Smt. Kanku, while undergoing treatment at Mahatma Gandhi Hospital (MGH), Bhilwara, alleged that on 12.08.2010 in the afternoon, she and her husband Om Prakash both were at their home. Her husband often used to quarrel with her. On that day i.e. 12.08.2010, after a quarrel between them, her husband caught hold of her neck, poured kerosene, which was in the Jerrycan. She tried to resist him but he did not give away and set her on fire due to which her whole body got burnt. At that time, no body else was present in the house nor any of the neighbours came there. Thereafter, her husband poured water on her but the fire could not be doused. He also tried to douse the fire by pouring water and covering her with dry clothes but she was already burnt badly by that time. It was further stated that her husband called her brother-in-law Kailash who took her to MGH, Bhilwara on a Motorcycle where she was provided treatment.

(3.) After registration of the FIR, Shri Ram Ratan, ASI (PW-22) proceeded for investigation. During investigation, the medical examination of Smt. Kanku was conducted by Dr. Dev Kishan (PW-14) who found superficial to deep burns by fire all over her body except the face and scalp. The total body surface area burnt was about 80%. The statements of the witnesses were recorded under Section 161 Cr.P.C. and Site Inspection Memo (Ex.P/1), and Seizure Memo Jerrycan, Match Box, Bichhona (lay) (Ex.P/2) were prepared by Shri Ram Ratan, ASI. (PW-22)