RAJU BANJARA Vs. STATE

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) has been preferred by the appellant Raju Banjara being aggrieved of the judgment dtd. 28/5/2014 passed by the learned Additional Sessions Judge, Nimbahera, Chittorgarh in Sessions Case No. 51/2012, whereby he has been convicted for the offence under Sec. 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.5000.00 and in default of payment of fine, further to undergo rigorous imprisonment of one year.

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) One Smt. Shabu Bai wife of Galla Banjara, resident of Vajeerpura a.k.a. Ranchhorpura, Police Station Nimbahera gave an oral information (Ex.P/17) to the SHO, Police Station Nimbahera outside the mortuary of the CHC, Nimbahera alleging inter alia that her daughter Smt. Aasiya, aged 22 years, who had been married to Raju Banjara, the appellant herein, resident of Uncha Magari, presently Vajeerpura, was at her paternal home. Galla, the husband of the informant was also present there. The informant had gone to Uncha Magari to participate in a condolence meeting. When she returned at about 06.00 p.m., she saw her daughter Aasiya lying in burnt condition. The informant's husband Galla Banjara told that in the evening at about 5 o'clock Raju Banjara came to their house. He poured kerosene on Aasiya and set her to fire and ran away thereafter. Soorajmal Banjara was present there, who summoned a vehicle, wherein Aasiya was taken to the CHC, Nimbahera. On the basis of the report aforesaid, FIR No. 362/2012 was registered at the Police Station Nimbahera for the offence under Sec. 302 IPC. While Smt. Aasiya was admitted in the hospital and was undergoing treatment, the investigating officer submitted an application for recording of the statement of the victim by a Magistrate. Upon this, the Judicial Magistrate, Nimbahera Mr. Ravi Prakash Suthar recorded the dying declaration (Ex.P/10) of Smt. Aasiya at the CHC, Nimbahera, wherein she alleged that she was preparing tea. At that time, the appellant came, poured kerosene on her body and set her to fire. She further stated that she had been married to the appellant about 5 to 6 years ago. The appellant turned her out of the matrimonial home after beating her about 5 years ago. Since then, she was living at her father's house. Smt. Aasiya expired while undergoing treatment.