SUBODH ABHYANKAR,J. - (1.)This criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant being aggrieved by the judgment and order dated 26/08/2008 passed by the learned Sessions Judge, Rewa in ST No.250/2007, whereby the appellant has been convicted under Sections 302 and 450 of IPC and sentenced to life imprisonment with fine of Rs. 100/- and five years' RI respectively and in default of payment of fine, additional SI for one month on each count.
(2.)The prosecution case in short is that on 26.10.2007 when the deceased R, whose identity is being not disclosed, was at her home alone at around 2 O'clock in the noon, at that time, the appellant entered in her house and tried to commit rape and when she refused to accede to his demand, the appellant poured kerosene over her from a plastic can lying in the room and set her ablaze and ran away from the spot after closing the door from outside by putting a hook. On the deceased R's cry, her sister-inlaw (Jethani) Arti Goswami (PW-5) came and opened the door and put off the fire. Subsequently R's husband also came and took her to the hospital where on 29.10.2007 i.e. on fourth day, at around 5:45 PM her dying declaration was recorded in the presence of the Naib Tahsildar Vivek Gupta (PW-7) in which she narrated the entire incident and stated that appellant Siddhanath Goswami, who happens to be her nephew, used to have ill-intention towards her and because of the incitement of the appellant's father Chandrabali and his father's brother Omnath, the appellant has committed this offence. Deceased passed away on 01.11.2007. It is further stated in the dying declaration that these people wanted to drive away her from the village so that they can grab their property. After the investigation was over, the charge sheet was filed against the appellant and was subsequently tried by the Sessions Judge, Rewa, who after recording the evidence of the witnesses convicted the present appellant under Sections 302 and 450 of IPC and sentenced as aforesaid vide its judgement dated 26/08/2008.
(3.)Being aggrieved by the said judgment, finding and sentence the instant appeal has been preferred by the appellant.