PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.3.94 passed by the learned Special Judge SC/ST (Prevention of Atrocity) and Additional Sessions Judge, Ajmer, by which, he convicted the accused appellant for the offence under Sec. 302 Penal Code and sentenced him to undergo imprisonment for life and a fine of Rs.1,000.00, in default of fine, to further undergo six months' simple imprisonment.

(2.) The appellant was tried by the learned Additional Sessions Judge for the offence under Sec. 302 Penal Code for committing murder of his wife Smt. Kamla.

(3.) In short, the facts of the case are that Smt. Kamla was married about 20 years back with the appellant before her death. On 4.9.91 at about 1.00 PM., Smt. Kamla was admitted in the J.L.N. Hospital, Ajmer in burnt condition having about 90% to 100% burns, Shri V.D. Kavia, Medical Jurist informed the Krischian Ganj Police Station. On receiving the information Shri Chiranji Lai, SHO rushed to the hospital where Parcha Bayan Ex. p9 of Smt. Kamla was recorded. She. stated that round about 11 or 11.30 in the morning after cooking food when she came out from the kitchen, ace Pd appellant poured petrol on her from a container and pushed her in the kitchen where she caught fire from the burning stove, she cried for help but no one tried to save her. After some time a woman who was residing in the neighbour extinguished the fire by putting quilt on her body, at that time only her husband was in the home. On the basis of the Parcha bayan a case (FIR No. 151/91) under section 307 Penal Code was registered at the police station, Krischian Ganj. As the condition of Smt. Kamla was critical, her dying declaration was recorded by PW4 Mohd. Arif Modani, Judicial Magistrate. Smt. Kamla expired in the night due to extensive burns. In the next morning Panchayatnama was prepared and post mortem was conducted. After registration of the case, the Investigating Officer inspected the site and prepared the site plan Ex. P2, He seized "Thali", "Stove" and plastic container. Accused was arrested. After completing the investigation a charge sheet was filed against the accused for the offence under section 302 Penal Code in the court of Judicial Magistrate, who committed the case for trial to the court of sessions Judge Ajmer. The case was transferred for trial to the Court of Additional Sessions Judge, Ajmer. After hearing both sides, charge under section 302 Penal Code was framed against the accused, who pleaded not guilty and claimed to be tried.