Shiv K. Sharma, J. - (1.) The appellant was the accused in Sessions case No. 124 of 1989 on the file of the Sessions Judge, Ajmer. He was found guilty under Section 302 IPC, convicted thereunder and sentenced to imprisonment for life.
(2.) Aggrieved by the conviction and sentence the present action for filing the appeal has been resorted to.
(3.) Brief facts are : (i) On 3rd March, 1989 at 11.30 a.m. one Samanddin went to police station passenger and informed that his daughter Abida has been burnt by her husband Shabbir at 10.00 or 11.00 in the night. No treatment was given to her and she was kept at Govindgarh by her husband and the family members. (ii) On receipt of the aforesaid information, the Head Constable Mr. Shravan Singh proceeded to Govindgarh. On the way he met Mahaveer Singh and Constables Ram Gopal and Maniram who were taking Smt. Abida in a burnt condition to the hospital. (iii) Parcha Bayan of Smt. Abida was recorded by Head Constable Shrwan Singh in the presence of Smt. Vinita Srivastava,. Block Development Officer and Dr. K.L. Jain and a case under Section 307 and 201 IPC was registered. (iv) Dr. K.L. Jain of Primary Health Centre, Peessangan examined Smt. Abida and found multiple burns on her person, most of the burns were of II degree. Blisters were also present on hands. Base of the ruptured blisters was of reddish colour Inflammatory reaction was not so marked. It was not toxic, on 16.3.1989, Judicial Magistrate Sushma Dangi also recorded the statement of Smt. Abida. Smt. Abida succumbed to the burn-injuries on 20th March, 1989 at 2.10 a.m. and post-mortem of dead body was conducted. (v) After her death the case was altered to one Under section 302 IPC. A charge-sheet was submitted by Police Station Peesangam against as many as seven persons in the court of Munsif and Judicial Magistrate, Nasirabad. All the seven accused were committed to the court of sessions. (vi) Charges for offence Under section 302 read with Section 120-B IPC were read over to Shabbir Mohd. while charges for offences Under section 302 read with Section 114 of 120-B IPC were read over to Kalu, Anwar, Iqbal, Mawab Ali, Smt. Jannat and Smt. Moor Jahan. At trial the prosecution examined 11 witnesses in support of its case and the accused none. The learned trial court relying on dying declaration convicted and sentenced the accused appellant as indicated above.;