MATHUR, J. - (1.) THIS appeal is preferred to challenge the judgment and order dated 7.2.2005 passed by learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No.40/2004 convicting accused appellant Smt. Jenab for the offence punishable under Section 302 I.P.C. and the accused Mohd. Ismile for the offence punishable under Section 302/34 I.P.C. Both the accused have been sentenced to undergo life term imprisonment with a fine of Rs.2000/ - each and further to undergo three months' rigorous imprisonment in the event of default in payment of fine.
(2.) THE facts relevant for adjudication of this appeal are that as per document (Exh.P/12A), a telephonic information was received at 11:50 am at Police Station, Nagaur about admission of Smt. Shahzad at Government Hospital in burnt condition, thus, the same was entered in 'rojnamcha' and the police -party proceeded towards hospital. Shri Shanti Lal (PW -8) Sub -Inspector, on arriving to hospital recorded statement of Smt. Shahzad, that is available on record as Exh.P/13 and as per that, Smt. Sahjad had some quarrel with her husband at about 11:30 pm on 15.8.2004, her husband Mohd. Ismile being desirous to send her to her parental house. Mohd. Ismile under influence of Smt. Jenab, grand maternal mother -in -law of Smt. Sahjad, gave beating to Shahzad. Jenab poured kerosene on Sahjad and ablazed her. At that time, Mohd. Ismile was not in room as he went for urination. He came in room after five minutes and made an effort to save her by pouring water. No information of the incident was given and in morning, father -in -law and mother -in - law of Sahjad on knowing about the incident called her parents, who took her to hospital. Smt. Jenab was annoyed with Shahzad for the reason that Mohd. Ismile used to give her money. There was no issue with regard to dowry.
(3.) AFTER getting this statement recorded, a written report (Exh.P/5) was also given by Shri Mohd. Shaffi (father of Smt. Shahzad) and as per that on 3.1.2003, Shahzad entered into wedlock with Mohd. Ismile and was having a girl child of about ten months. The grand maternal mother of Mohd. Ismile Smt. Jenab was also residing with Shahzad and Mohd. Ismile. On 16.8.2004 at about 8:00 am Abdul Kareem and his wife Rabia proceeded for the house of Shahzad and Mohd. Shaffi also went there with his wife. At the house of Mohd. Ismile Shahzad was lying in a room in burnt condition. On asking about the incident, Shahzad started weeping. She was then taken to hospital. She stated that she had a quarrel with her husband in night at about 11:00 pm due to certain tutoring by Smt. Jenab. Her husband Mohd. Ismile then went out and Smt. Jenab burnt his daughter by pouring kerosene. On the basis of this written report (Exh.P/5), a criminal case was registered and the investigation commenced for offence punishable under Section 307 I.P.C.;