TIBREWAL, J. - (1.) The appellant Rajendra Singh Bhati has filed this appeal against the judgement dated September 16,1994 passed by the Additional Sessions Judge No. 1, Kota, in Sessions Case No. 31/93 whereby he has been convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- for committing murder of his wife by setting fire to her clothes after pouring kerosene. In default of payment of fine, he was awarded one year rigorous imprisonment.
(2.) At the centre of the case is a young newly married wife who succumbed due to extensive burn injuries sustained at her in-laws house. The shocking part of the prosecution case is that the husband of the deceased sprinkled kerosene oil and set her on fire. The deceased Smt. Manjulata/Smt. Lata was married with the appellant on May 5, 1992 and on 27th December, 1992, she sustained extensive burns at 8 or 8.30 p.m. while she was living with her husband at her in-law's house. P.W. 17 Lal Chand, the then A.S.I. Police Station Gumanpura, Kota was at police out-post 'Chhawni' at 9 p.m. on that day when he heard screams and cry of a woman from out side. On inquiry he came to know that smt. Lata wife of the appellant Rajendra Singh was taken to M.B.S. Hospital in burn condition in an auto-rikshaw. Thereupon, he rushed to the hospital and found Smt. Lata admitted in female ward for her treatment. He recorded her 'Parcha-bayan' (statement) Ex. P. 9 at 9.20 p.m. in Ward. The statement reads as under : (English translation) - "I was married this year with Rajendra Singh son of Purshottam Singh Rajput. I was living at my husband's house and in front of our house one Raghu resided. My mother-in-law Dakha Bai and husband Rajendra Singh suspected that I was having relations with Raghu. Today, in the evening, my husband and mother-in-law called me as vagabond asked me to why I do not die ? They also asked me to go out of the house. When I was cleaning the house, my husband poured kerosene on me from a tin and set fire to my clothes with a match-box and then, pushed me. He became away from me to save himself. Thereafter, my husband brought me to the hospital. Previously also I used to be beaten by my husband. I have extensive burns - I am dying. My mother-in-law was also there." The above statement was recorded in the presence of two witnesses Naresh Singh and Raghubir Singh, after obtaining certificate of fitness from the duty doctor.
(3.) The above statement revealed commission of offences punishable under Section 498A and 307 I.P.C., as such, the same was transmitted to Police Station, Gumanpura for registration of case where crime No. 770/92 was registered under Sections 498-A and 307 IPC on basis of the statement. Further investigation of the case was made by the S.H.O. Shri Ummed Singh, (P.W. 20) who prepared a siteplan of the place of occurrence in presence of A.S.I. Lal Chand. A tin of kerosene from the place of occurrence was also seized. One match-box, burnt pieces of 'Sari' hair pin, pieces of broken bangles etc, were also seized vide Ex. P. 3 From the body of Smt. Lata half burnt clothes were seized vide seizure memo, Ex. P. 6. The clothes were giving smell of kerosene oil. Vide memo Ex. P. 5, two letters Ex. P. 15 and Ex. P. 16 were seized. Dying declaration (Ex. P. 18) of Smt. Lata was got recorded by Munsiff and Judicial Magistrate, Kota, Shri Narayan Sahai. Smt. Lata expired on 5-5-93 and thereafter, inquest report, Ex. P. 7, was prepared. The autopsy of her dead body was made by a Medical Board consisting of three doctors, namely, P.W. 12 Dr. G. S. Bishnar, P.W. 15 Dr. R. K. Sharma and P.W. 16 Dr. S. M. Bhole vide post-mortem report, Ex. P. 10. The injuries of Smt. Lata were also examined on 27-12-92 by P.W. 12 Dr. G. S. Bishnar vide injury report Ex. P. 11.;