GAUTAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dt. 3/9/2016 passed by the learned Additional Sessions Judge No.1, Barmer in Sessions Case No.47/2011 whereby the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_344_LAWS(RAJ)4_2019_1.html</FRM>

(2.) Brief facts necessary to be noted for disposal of the appeal are that parcha bayan of Smt. Durga (Ex.P/8) was recorded by Kailashandra on 11/6/2011 wherein she stated that for last 3-4 months, she was staying at a rented accommodation in Mahaveer Nagar along with her family comprising of her husband and two kids. She was married for last 6-7 years. Her father-in-law had died but her mother-in-law and brothers-in-law were staying with her in their house. Her husband used to drink a lot but for last 10- 15 days, he did not consume liquor. Her husband used to harass and torture her since their marriage. She never complained to her parents but told about this to her neighbors. On 8/6/2011 at around 8:00 pm, she cooked dinner. While she was putting wheat flour in the kitchen, her husband poured kerosene all over her body and set her afire. She ran out. The fire was doused by her brother-in-law and neighbors by pouring water and covering her by a blanket. Her brother-in-law Manohar (PW.3) and neighbors took her to the Government hospital for treatment. Her husband did not take her to the hospital. In the hospital, her father Bhagwan Das visited her and she narrated the entire incident to him. Her husband cautioned her that she was going to die, therefore, she should give correct statement. He used to harass and torture her for bringing inadequate dowry and pressurized her to bring more ornaments. One gold Teeka given to her by father was also sold by her husband and he was repeatedly demanding Rs.10,000.00 for his scrap business. Her husband had physically and mentally tortured her since their marriage and finally he burnt her alive.

(3.) On this complaint, a formal F.I.R. No.238/2011 (Ex.P/20) was registered at Police Station Kotwali, Barmer for the offences under Secs. 498-A, 324 and 307 IPC against the accused-appellant.