SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) CrPC has been preferred by appellant Shyam Singh being aggrieved by the judgment dated 22.11.2012 passed by the learned Additional Sessions Judge, Woman Atrocities Cases, Bhilwara in Sessions Case No.17/2008, whereby he has been convicted and sentenced as below :-

(2.) A few facts preceding this set of events need to be taken note of. Smt. Paras Devi was admitted at the Government Hospital, Bhilwara in a burnt condition on 30.12.2007. Information of this incident was sent to the Police Station, Shambhoogarh. The SHO Shri Harshraj Singh went to the hospital and recorded the statement of Smt. Paras Devi on 31.12.2007, wherein Smt. Paras Devi divulged that she was sleeping in her room at 10 o'clock in the night. A chimney was burning on the sill above, which fell down accidentally, due to which, she got burnt. It is also relevant to mention here that while the lady was being admitted in the Government Hospital, Bhilwara, the following noting was made in the bed-head ticket : "History of burn by kerosine oil chimney. Smell of kerosine."

(3.) After lodging of the report aforesaid by the matrimonial relatives of the deceased and registration of the FIR, the statement of Smt. Paras Devi was recorded by the Judicial Magistrate Shri Manoj Kumar Goyal at the M.G.H., Bhilwara under Section 164 CrPC after ascertaining her physical and mental capability. In the said statement, Smt. Paras alleged that she had been married to Shyam Singh about 20 years ago. Her husband was a habitual drunkard. In the night of 30.12.2007 at 10 o'clcok, he came home in a drunk condition. Her children had gone to sleep. Her husband poured kerosene on her person, set her to fire and thereafter he ran away. Her sister-in-law Seeta came and she and her son poured water and tried to douse the fire. She further alleged that first her husband quarrelled with her under the influence of liquor and thereafter, he poured kerosene on her person from a jerrycan of 5 litres.