OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused-appellants Om Prakash and Geeta Devi under Sec. 374(2) of Cr.P.C. being aggrieved of the judgment dtd. 6/6/2015 passed by learned Sessions Judge, Hanumangarh in Sessions Case No.23/2014 whereby they have been convicted for the offences punishable under Sec. 302 read with Sec. 34 of IPC sentenced to imprisonment for life and a fine of Rs.5,000.00, in default of payment of fine to further undergo three months simple imprisonment.

(2.) Brief facts of the case are that a Parcha Bayan (Ex. P/2) of Smt. Anju Devi was recorded by the SHO, Police Station Tibbi, District Hanumangarh on 20/1/2014, on the basis of which, an F.I.R. being FIR No.29/2014 (Ex.P/3) was registered on 20/1/2014 at the Police Station Tibbi. Anju Devi alleged in the statement that she was married to Purnram about three years back and her father gave sufficient dowry at the time of marriage. A baby boy namely Neeraj was born from the wedlock. After six or seven months of the marriage, her in-laws and husband started harassing her. On 19/1/2014, in the morning she slapped her son namely Neeraj and being enraged with the same, her mother-in-law and father-in-law beat her and then set her ablaze. Upon hearing the commotion, her husband Purnram came there and tried to douse the fire by sand and in that process, he also received burn injuries on his hands. The fire was put out and thereafter, she was taken to the hospital at Hanumangarh in a car from where she was referred for treatment to PBM hospital in Bikaner. On the basis of said Parcha Bayan, the police registered the F.I.R. for the offences punishable under Sec. 307 read with Sec. 34 of IPC. During treatment Anju Devi expired and thus, the offence punishable under Sec. 302 of IPC was added to the case.

(3.) After thorough investigation, the police filed a charge-sheet against the accused-appellants for the offences under Sec. 302 read with Sec. 34 of IPC.