BANWARI LAL SHARMA, GOVIND MATHUR, JJ. - (1.) THIS appeal is directed to challenge the judgment dated 2.7.2005 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.27/2005. By the judgment aforesaid learned Additional Sessions Judge recorded conviction of the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs.3000/ - and further to undergo one year's imprisonment in the event of default in payment of fine.
(2.) THE factual matrix of the case is that on 18.10.2003 while undergoing treatment at Mahatma Gandhi Hospital, Jodhpur, a statement (Ex.P/6) made by Smt. Anita was reduced in writing and as per that on the same day at about 11:00 AM she was at her home and her husband Mahendra was also lying there under intoxication. Younger brother of Mahendra, Vinod at that time came there and poured kerosene on her from a jericane. Vinod then put her ablaze by a match stick. She made screams, but nobody turned up to save her. Her mother -in -law was not at home that time. At about :00 PM, her maternals came at the spot of occurrence and carried her to hospital. 3. On basis of the statement (Ex.P/6), a case for commission of offences punishable under Sections 307 and 324 Indian Penal Code was registered against accused Vinod. Smt. Anita during course of treatment died, therefore, the investigation also commenced for the offence punishable under Section 302 Indian Penal Code. After investigation a police report was filed by the prosecution before the court of learned Additional Chief Judicial Magistrate No.3, Jodhpur and the case being sessions triable was committed to the court of Sessions. The court framed charge against the accused for commission of an offence punishable under Section 302 Indian Penal Code but the same was denied, thus, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of the evidence adduced by 10 witnesses and by getting the documents Ex.P/1 to Ex.P/15 and Article -1 exhibited. While availing opportunity to explain adverse circumstances in prosecution evidence the accused stated that deceased Anita was in habit of consuming liquor and on the fateful day she consumed that in excess. She poured kerosene on her and put herself in flames. Deceased was a lady of stubborn and quarrelling tendencies. He also stated that Smt. Anita died during the course of treatment because of negligence on part of the doctors. In defence, testimony of Shri Raju (DW -1) was examined.;