DINESH CHANDRA SOMANI,J. - (1.) This criminal appeal has been filed under Section 374 of CrPC against the judgment of conviction and order of sentence dated 27.03.2009 passed by the learned Additional Sessions Judge (Fast Track), Chhabra District Baran in Sessions Case No. 94/2008 whereby the appellant has been convicted and sentenced as follows: -For the offence under Section 302 of IPC sentenced for life imprisonment with fine of Rs. 5,000/ - and in default of payment of fine to further undergo six months' rigorous imprisonment. -For the offence under Section 498A of IPC sentenced for two years' rigorous imprisonment with fine of Rs. 1,000/ - and in default of payment of fine to further undergo three months' rigorous imprisonment.
(2.) The substantive sentences were ordered to run concurrently.
(3.) Prosecution story in brief is that on 17.04.2008 at about 10:45 PM Smt. Sanno Bai (hereinafter referred to as "the deceased") wife of accused -appellant gave a Parcha Bayan Ex.P -17 in CHC, Chhabra to PW -19 Samiullah, Second Officer of Police Station, Chhabra stating inter alia that in today's night at about 9:00 PM she was at her house along with her husband Abdul Waheed, son Daanish aged 6 years and daughter Seenam aged 4 years. Her husband was pressurising her to bring Rs.50,000/ - from her father. In response, she told him that her father has no money. On account of non -fulfillment of his wish, her husband started beating her with legs and fists and thereafter, poured kerosene oil on her and set her on fire. She raised hues and cries and on hearing, Haseena wife of Abdul Salaam and her brother Imran rushed to her and on D.B. Criminal Appeal No. 335/2009 Abdul Waheed Vs. The State of Rajasthan seeing them, her husband fled away. Thereafter Rafiq, her father Babu Khan and Imran took her to Hospital, Chhabra for treatment in an auto -rickshaw. PW -19 Samiullah made his endorsement on this Parcha Bayan. SHO Police Station, Chhabra registered FIR No. 121/2008 (Ex.P -19) on this Parcha Bayan for commission of offence under Section 307, 498A of IPC against the accused -appellant.;