BRIJLAL Vs. STATE

JUDGEMENT

(1.) The present appeal under Section 374(2) has been preferred by the appellant against the judgment dated 06.06.2017 passed by learned Additional Session Judge, Rajgarh District Churu in Sessions Case No.06/2011 whereby the accused-appellant has been convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.10,000/-, in default of payment of fine to further undergo six months simple imprisonment.

(2.) Brief facts necessary to be noted are that on 16.07.2010 Parcha Bayan of Smt. Indu Devi was recorded at Government Hospital, Rajgarh District Churu wherein she stated that she was married to Brij Lal eight years ago. After the marriage, she started staying with her husband Brij Lal at Rajgarh and during the cohabitation, she had given birth to a male child. Her husband was a gambler and also involved in the Speculation (Satta). Today, at around 03:00-03:30 pm, while she was at home, her husband told her that he had to pay a loan of Rs.3,00,000/- (Rupees Three lakhs). She should arrange this money for him. Prior to this, she brought Rs.10,000/- from one Mahendra Jat and gave the same to her husband. Today, when her husband again asked for arranging money, she refused to such demand. Getting annoyed with the same, her husband poured kerosene on her and burnt her alive. She tried to escape but could not manage. Her husband is a habitual gambler and a Speculator. Her husband time and again used to harass her for bringing money from her parents. He also had illicit relationship with his brother's wife Shankuntla. She was burnt in her room by pouring kerosene on her body in connection with the demand of dowry.

(3.) On the aforesaid Parcha Bayan, a formal FIR No.255/2010 was registered at Police Station, Rajgarh District Churu against the accused appellant for the offences under Sections 498A and 307 IPC. After completion of investigation, the police filed a charge-sheet against the accused appellant for the offence under sections 498A and 302 IPC.