- (1.) The present appeals have been filed to challenge the judgment and order dated 6.12.2007 by which the learned Addl. Sessions Judge(Fast Track) No.1, Jodhpur convicted and sentenced the accused-appellants as follows: (1) Accused Nathu Ram u/s 302, IPC : Life imprisonment with a fine of Rs.1000/- and in default of payment of fine, to further undergo three month's simple imprisonment (2) Accused Bhagirath u/s 498A, IPC : Three year's simple imprisonment with a fine of Rs.500/- and in default of payment of fine, to further undergo one month's simple imprisonment.
(2.) The brief facts of the case are as under: that on 11.11.2005 at 3.45 p.m., Mangu Khan, S.H.O., of Police Station, Bhopalgarh recorded Parcha Bayan of Smt. Usha deceased at Burn Unit at M.G. Hospital, Jodhpur. The deceased in her statement, stated that she got married with Bhagirath appellant no. 2 about 10 or 11 years ago and the Muklava ceremony took place about three years ago. She came to her in-laws' house from her parental home about two months ago and she further stated that her father-in-law Nathu Ram, mother-in-law Keli, brother-in-law Kheta Ram and husband Bhagirath started to illtreat her. She was also physically abused by the said persons by giving her beatings with kick and fist blows. At about 9 p.m., the father-in-law Nathu Ram poured kerosene upon her and set her on fire, due to which she tried to run away and her husband caught her. When she cried, neighbour Sathu Ram came and tried to save her by pouring water upon her. The S.H.O., Bhopalgarh on the basis of the statement, registered a case under Sections 498A, 307, 324/34 of Indian Penal Code. A case was registered against Nathu Ram under Sections 498A and 302 of Indian Penal Code and against Khera Ram, Gajendra@ Kheta Ram, Smt. Keli, Bhagirath, Smt. Kamla under Sections 498A, 302/120-B of Indian Penal Code.
(3.) Since the case was triable by the court of Sessions, it was committed to the Sessions Court and evidence was led by both the parties. The prosecution examined PW-1 Kishna Ram, PW-2 Smt. Goma, PW-3 Chena Ram,PW-4 Chola Ram,PW-5 Sugna Ram,PW-6 Badri Ram, PW-7 Nathu Ram,PW-8 Mangu Khan, PW- 9 Shimbu Ram, PW-10 Dr. Kamlesh Purohit, PW-11 Gurman Singh, PW-12 Ashwini Kumar and PW-13 Dr. Sandeep and relied upon Ex.P.1-memo of surathal lash, Ex.P.2-Panchnama, Ex.P.3- memo regarding handing over dead body, Ex.P.4- memo of site plan, PW-5 seizure memo of Kerosene jerrican, burnt Odhna, match, Ex.P.6- statement of Sugna Ram, Ex.P-7 statement of Badri Ram, Ex.P.8 Parcha bayan of Smt. Usha Kumar , Ex.P.9 F.I.R., Ex.P.10 report, Ex. P. 11 memo of arrest, Ex.P.17 dying declaration statement.;