Kanwaljit Singh Ahluwalia, J. - (1.) THE appellant, Kamal Singh, by way of instant appeal filed under Section 374 of the Code of Criminal Procedure, 1973, has challenged the impugned judgment dated 28.02.2005 rendered by the Additional District & Sessions Judge (Fast Track), Chhabra, District Baran, whereby the appellant was held guilty of offence punishable under Section 302 of Indian Penal Code for having committed murder of Smt. Kavita Bai, a neighbour who had spurned the advances made by the appellant to outrage her modesty by setting her on fire.
(2.) HAVING convicted the appellant for offences punishable under Sections 302 and 354 I.P.C. the trial Court, by a separate order of even date, sentenced him as under: - - "For offence under Section 302 I.P.C. the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 100/ - in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 354 I.P.C. the appellant was sentenced to undergo two years' simple imprisonment and to pay a fine of Rs. 100/ - in default of payment of fine to further undergo one month simple imprisonment." Both the sentences were ordered to run concurrently.
(3.) ON 23.08.2003 in the afternoon, Smt. Kavitabai had visited the appellant's shop for purchasing detergent powder (surf). In the evening, she was rescued with burn injuries by the Sarpanch, Upsarpanch, Members of the Panchayat and by her relatives from the appellant's shop.;