- (1.) THE learned Additional Sessions Judge (Fast Track) No.1, Bikaner vide impugned judgment dated 22nd August 2007 convicted the accused appellant Bhanwara Ram for offences punishable under secs.302, 376, 460 and 382 Indian Penal Code and sentenced as under: Under sec.302 IPC ­ life term imprisonment, with a fine of Rs.2000/ -, in default of payment of fine to undergo further two months' rigorous imprisonment Under sec.376 IPC ­ 7 years' rigorous imprisonment with a fine of Rs.1000/ -, in default of payment of fine to undergo further one month's rigorous imprisonment Under sec.460 IPC ­ 5 years' rigorous imprisonment with a fine of Rs.1000/ -, in default of payment of fine to undergo further one month's rigorous imprisonment Under sec.382 IPC ­ 5 years' rigorous imprisonment with a fine of Rs.1000/ -, in default of payment of fine to undergo further one month's rigorous imprisonment
(2.) THE facts of the case, briefly stated, are that on 19th February 2007, a 'parcha bayan' Ex.P34 of the prosecutrix was recorded by Shri Balwan Singh PW10, ASI, Police Station, Jamsar at PBM Hospital, Bikaner, wherein she stated that on 18th February 2007 in the evening she was alone at her house and her son Kisna Ram PW7 had gone for work. In the night around 10 -11PM while she was lying on a cot in her room, accused -appellant Bhanwara Ram s/o Khema Ram Nayak, who was drunk, came and lay upon her. The accused lifted her 'gagra' and raped her and also pressed her mouth with his hand. The accused demanded money for buying liquor, when she refused then accused - appellant gave her beating and inflicted injuries with broken glass of liquor bottle on her face. Thereafter, he snatched her gold ear -rings, neck -worn ornament (madaliya), gold pendent (chokor) and also silver 'payjeb' worn on her ankles. He also set her clothes ablaze with intention to kill her and locked the room from outside. The prosecutrix further stated that the her back was burnt due to burning of her clothes. Her son Kisna Ram PW7 came home at around 12PM in the night whom she told that accused -appellant Bhanwara Ram has locked the room from outside and she is unable to get up. Then his son Kisna Ram along with neighbours Om Prakash, Latif Shah, Dula Ram PW9, Bhanwara Ram s/o Dhana Ram PW6 broke the lock and came in, to whom the prosecutrix narrated the whole incident.
(3.) ON the basis of above said 'parcha bayan', FIR No.31/2007 was registered at Police Station, Jamsar, Bikaner. The accused -appellant was arrested on 19th February 2007 vide arrest memo Ex.P9 and in view of death of the prosecutrix on 21 st February 2007, offence punishable under sec.302 IPC was added. After due investigation, a charge -sheet was filed against the accused.;