O.P.BISHNOI, J. - (1.) THIS appeal has been filed by Yusuf S/o Shri Rahim Bux, Resident of village Nimaz, Police Station, Jaitaran, District Pali against the judgment of the Additional Sessions Judge, Sojat Camp, Jaitaran dated 30.03.1996 whereby the appellant Yusuf has been found guilty Under Section 302 of the I.P.C. and has been awarded a sentence of life imprisonment with a fine of Rs. 5,000/ - and in default in payment of fine further additional rigorous imprisonment for a period of one year.
(2.) IT is not in dispute that on 25.2.1986 at about 11.00 a.m. Smt. Sugra (wife of appellant) received burns and was taken to the Govt. Hospital situate at Nimaz where her statement Ex.P/13 was recorded on 25.2.1986 at 3.20 p.m. by PW/22 Dhanwan Chand Bhandari, Sub -divisional Magistrate, Jaitaran. Soon after the S.H.O. Police Station, Jaitaran PW/29 Rajendra Singh recorded her statement Ex.P/30 at 3.50 p.m., on that very day and a case Under Section 307 of the I.P.C. was registered against the appellant. Next day on 26.2.1986 the statement of Smt. Sugra was recorded Under Section 161 of Cr.P.C. Thereafter she was referred to the Hospital at Beawar on 27.2.1986. After getting information from the Hospital PW/4 Dinesh Kumar, S.H.O., Police Station Beawar recorded her statement Ex.P/4 at 11.15 a.m. and on its basis recorded the F.I.R. Ex.P/5, which was sent to Police Station, Jaitaran. At 11.50 a.m. on 27.2.1986 the statement Ex.P/23 of Smt. Sugra was recorded by the Additional Chief Judicial Magistrate, Beawar. In the statements Ex.P/13, Ex.P/30, Ex.P/4 and Ex.P/23 Smt. Sugra broadly stated to the effect that her husband, the appellant, was not happy with her and was bent upon ejecting her from his house whereas she was not prepared to leave the house and ultimately on 25.2.1986 the appellant poured Kerosine on her, while she was sitting in the kitchen and then ignited her with the help of a match -stick. She shouted for help and fell into the lap of her grand -mother -in -law, who was sitting out -side. Certain ladies who were living in the neighbourhood poured water over her and she was immediately taken to the Government Hospital at Nimaz where the treatment started and her aforesaid statements were recorded. However, in her statement recorded Under Section 161 of the Cr.P.C. she implicated other persons also. According to the statement her father -in -law Rahim Bux, his two daughters Smt. Khatun and Smt. Meharunisha, Meharunisha's husband Mohd. Ali, Khatun's husband Saddique and Smt. Khurshida all joined together, called her names and told her to leave the house. They all instigated the appellant to put her to fire and at their insistence and instigation the appellant poured the Kerosine over her and thereafter put her to fire with the help of a lighted match -stick. The deceased further stated that she was divorced by the appellant but she was not leaving the house in view of the fact that she was pregnant. She further stated that on the previous day i.e. on 24.2.1986 the appellant, in the evening, gave her severe beating with stick and thereafter left the house. On 25.2.1986, he returned to the house and the incident narrated above took place.
(3.) TWENTY Five days later on 20.3.1986 Smt. Sugra died on 20.3.1986 during treatment in the Hospital at Beawar. Consequently challan was filed against seven accused persons viz. Rahim Bux, Saddique S/o Jamal, Mohd. Ali, S/o Lalif, Smt. Khatun W/o Saddique, Smt. Meharunisha W/o Mohd. Ali, Smt. Khurshida W/o Firdos and the appellant Yusuf in the court of the Judicial Magistrate, Jaitaran from where it was committed to the Court of Sessions Judge, Pali, who transferred the same to the said trial Court. The appellant Yusuf was charged for the offence Under Section 302 I.P.C. and the other six accused persons were charged for the offence Under Section 302r/w 120 -B of the I.P.C. All the seven pleaded not guilty. The prosecution side examined as many as 29 witnesses in support of its story and DW -1 Rajendra Gurjar was examined as defence witness by the accused persons. DW -1 Rajendra Gurjar has stated that he lives in the neighbour -hood and on 25.2.1986 while he was returning from his field to his house, he saw Smt. Sugra soonafter she received the burns and it was he who do used the fire by putting water and a blanket on her. According to the witness Smt. Sugra told him that she herself had put her to fire and it was her father who was responsible for the same. According to the witness the appellant was not present in the village.;