Dinesh Maheshwari, J. - (1.) THIS appeal is directed against the judgment and order dated 25.07.2006 as passed in Sessions Case No. 41/2005 whereby the Additional Sessions Judge (Fast Track), Sirohi has convicted the accused -appellant Shantilal for the offences under Sections 302 and 498A I.P.C. The Trial Court has sentenced the accused -appellant for life imprisonment with fine in the sum of Rs. 5,000/ -, and in default of payment of fine, to undergo six months imprisonment for the offence under Section 302 IPC; and for three years' rigorous imprisonment with fine in the sum of Rs. 1,000/ -, and to undergo three months' further imprisonment in default of payment of fine for the offence under Section 498A I.P.C.
(2.) THE accusation against the accused -appellant had been of having harassed his wife while making demands of money and gold; and of having caused her death after setting her on fire. The relevant factual aspects could be noticed in the following: The complainant Kheta Ram (PW -3) submitted a written report (Ex. P/3) on 09.03.2005 at 11:00 p.m. before the Station House Officer, Police Station Mandar, District Sirohi with the submissions that he was a labourer at Ahmedabad having seven daughters and a son; that his elder daughter Bharti was married to the appellant Shantilal about 2 1/2 years back; and that a daughter was born to his daughter who was about a year old. The complainant further stated that about 11:00 a.m. in the morning, he received a phone call from Saga Ram that his daughter had received burn injuries but he was told on asking that it was not necessary for him to come over; that thereafter, his brother Parkhaji telephoned at about 12:00 noon informing that Bharti was badly burnt and was admitted in Sirohi Hospital whereafter, he came to the house at Sorda with his wife when he was informed by the relatives that his daughter was set on fire by her husband Shantilal last evening at about 5:00 -6:00 p.m. The complainant also stated that his daughter was living with her in -laws for 5 -6 months but her husband always used to harass her with dowry demands.
(3.) ON the basis of the report so made, FIR was registered for offences under Sections 498A and 307 I.P.C. which was later on converted for the offences under Sections 302, 304B and 498A I.P.C. upon demise of the victim Bharti on 19.04.2005.;