BRAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellant Brajesh Kumar aggrieved by the judgment dated 17.10.2015 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No. 37/2011 (State vs. Brajesh Kumar) by which the accused-appellant has been convicted and sentenced as under:

(2.) The brief facts of the case giving rise to the present appeal are that on 19.03.2011 at 6:45 pm, an information was received at Police Station Pratap Nagar, District Bhilwara to the effect that one Smt. Rekha was admitted at the burn ward bed No. 2, MG Hospital, Bhilwara in a burnt condition. PW-5 Kalu Ram, ASI proceeded to the MG Hospital, Bhilwara where he found that Smt. Rekha was unconscious and not in a condition to give her statement. The Medical Officer, MG Hospital, Bhilwara certified that the patient named Smt. Rekha was unconscious and not in a condition to give her statement, so her statement could not be recorded at that time. PW-5 Kalu Ram came back to police station after intimating the Medical Officer at MG Hospital, Bhilwara to communicate him whenever she gets conscious. Thereafter, the condition of Smt. Rekha deteriorated so on 21.03.2011 she was referred to Udaipur and admitted in burn ward bed No.33 at M.B. Hospital, Udaipur.

(3.) It seems that the patient respondent. Accordingly, the statement of Smt. Rekha was recorded by PW-19 Shri Raj Kumar Chouhan, the then Judicial Magistrate, on 25.03.2011 after obtaining a certificate of fitness to give statement issued by PW- 20 Dr. Rohan. In her statement Smt. Rekha Kumari alleged that she was married to the accused-appellant-Brajesh Kumar two years before the date of the occurrence. On 19.3.11, her husband Brajesh Kumar (accused-appellant) poured kerosine upon her and set her on fire. It was further stated by the victim that she attempted to escape but the accused-appellant closed the door of the room and confined her. She alleged that after the marriage, she was ill treated by her husband for demand of a motorcycle and a gold chain. On the day of occurrence, she told the accused- appellant to go on his job but he refused to budge, got annoyed and set her on fire. On 29.03.2011, Smt. Rekha expired due to the burn injuries inflicted upon her body by the accused-appellant. The post mortem examination of the deceased Smt. Rekha was conducted by a Medical Board constituted at MB Hospital, Udaipur which issued the post mortem examination report (Ex.P/17). The Medical Board found that the deceased was having 95 percent burns on the entire surface area of her body and opined that the cause of death of the deceased was shock due to septicemia caused by secondary bacterial infection over extensive burn area which were sufficient in the ordinary course of nature to cause death.