GARG, J. - (1.) THIS appeal has been filed by the accused appellant from jail against the judgment and order dated 18. 11. 1999 passed by the learned Additional Sessions Judge, Bhinmal in Sessions Case No. 90/99 by which the learned Additional Sessions Judge, Bhinmal convicted the accused appellants for offences under Sections 498a and 306 IPC and sentenced as follows: Offence Sentence awarded U/sec. 498a IPC 2 years' R. I. and a fine of Rs. 1000/- in default to further undergo 3 months' R. I. U/sec. 306 IPC 5 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 months' R. I. Both the sentences were ordered to run concurrently.
(2.) THAT since this appeal was preferred from Jail and nobody was representing the accused appellant, therefore, Legal Aid Committee vide order dated 30. 9. 2000 appointed Shri B. K. Bhatnagar as Amicus Curiae to assist the Court on behalf of accused appellant. (2a ). It arises in the following circumstances: (i) THAT on 16. 1. 99 at 5. 45 p. m. Smt. Chothi w/o Rewa Ram, by caste Mochi, resident of Jag Jeevan Ram Colony, Bhinmal (hereinafter referred to as "the deceased") gave statement Ex. P/10 while she was admitted in the hospital Bhinmal before P. W. 9 Gopal, SHO, Bhinmal stating as under: "18. years have passed since my marriage. I have burnt myself. My husband Rewa (Accused appellant) is in habit of drinking liquor and for that he demands money. My husband was sleeping after drinking liquor. My husband beats me and nobody comes to save me. My neighbourers Joga Bhat and Mohan Mochi P. W. 5 also sell liquor and they also abuse me and they also some time come to beat me. I am living separately from my in-laws and my brother Mata Ram P. W. 1 lives in Bhinmal with her father-in-law. My parental house is in Jalore. My mother and father are not alive. I have poured kerosene oil on my body and thereafter lit fire by matchbox. I am very much disturbed because of my husband and neighbourers and have burnt myself as I was being tortured by my husband, Joga Bhat and Mohan Mochi, P. W. 3 I have 3 sons and 3 daughters. All daughters have died and since I was mentally disturbed because of my neighbourers and my husband, I have burnt myself by sprinkling kerosene oil. " It may be stated here that this statement bears endorsement of P. W. 7 Dr. K. K. Goswami at the place A to B and on this statement, police registered a case for offence under Sections 309 and 498a IPC and chalked out FIR Ex. P/11. On 16. 1. 99 P. W. 9 Gopal made a request through his letter Ex. P/2 before P. W. 6 Buddhi Prakash Chhangani that since deceased was admitted in the hospital in burnt condition, therefore, her statement be recorded. On this P. W. 6 Buddhi Prakash passed an order on the back of letter Ex. P/2 on 16. 1. 99 and he proceeded to Hospital. He reached the hospital at about 6. 20 p. m. where dying declaration (Ex. P/3) of the deceased was recorded by him at 6. 25 p. m. on the same day, where the deceased stated to him in the following manner: "my husband beats me every day and asks me to bring money for liquor otherwise he will push her out. I am ill for last one month and my husband told me to go out of the house otherwise he will kill me. I have burnt myself by pouring kerosene oil and lit fire. My husband was sleeping. Apart from my husband, no body beats me. My marri-age took place about 18 to 20 years back. My neighbourers do not come to save me. My husband does not give me treatment for my illness. Only once, he took me to doctor. My neighbourers do not beat me. " Further the case of prosecution is that on the same day, the deceased was not got medically examined on 16. 1. 99 at 5. 25 p. m. and her injury report is Ex. P/7 which shows that she received 80% burns on her body and on the same day she died in the hospital at 9. 20 p. m. and post mortem of her body was got conducted by P. W. 7 Dr. K. K. Goswami on 17. 1. 99 and her post mortem report is Ex. P/8 as per which cause of death was extensive burns (this post mortem report Ex. P/8 has been admitted by the learned counsel for the appellant in the trial court. ). Ex. P/1 shows that deceased expired at 9. 20 p. m. on 16. 1. 99. The accused appellant was arrested through Fard Ex. P/9 on 30. 3. 99. After usual investigation, a challan was submitted against the accused appellant for offence under Sections 306 and 498a IPC.
(3.) THAT the learned Additional Sessions Judge, Bhinmal framed charges on 30. 8. 99 against the accused appellant for offence under Sections 498a and 306 IPC who pleaded not guilty and claimed trial. During trial, 9 witnesses have been produced by the prosecution and thereafter statement of accused under Section 313 Cr. P. C. was recorded wherein the accused has stated that her wife deceased was mentally ill for last 2 to 3 years and, therefore, because of her illness she committed suicide and he never gave beating to her. In defence, the accused appellant examined one witness. After the conclusion of the trial, the learned Additional Sessions Judge, Bhinmal vide his judgment and order dated 18. 11. 99 convicted and sentenced the accused appellant as stated above inter alia holding that: the deceased died in the abnormal circumstances i. e. by suicide and factum of suicide was not in dispute. He has placed reliance on two dying declarations Ex. P/10 recorded by P. W. 9 Gopal SHO and Ex. P. /3 recorded by P. W. 6 Buddhi Prakash, Magistrate. He has also sought corroboration from the oral evidence which is found in the statements of P. W. 1 mata Ram, P. W. 2 Himta Ram, P. W. 3 Manchha Ram, P. W. 4 Prakash, and P. W. 5 Mohan Lal and thus he convicted the accused appellant for offence under Sections 306 and 498a IPC and sentenced him as stated above. ;