Gyan Sudha Misra, J. - (1.) This appeal has been preferred against the judgment and order dated 3rd December, 1993, passed by the Sessions Judge, Ajmer in Sessions Case No. 102/1991, by which he has been pleased to uphold the charge under levelled against the appellant, Ashok and. imposed the sentence of life imprisonment on him with a fine of Rs. 5,000/- and, in default of payment of fine to further undergo imprisonment for two years.
(2.) The case of the prosecution was initiated on the basis of the parcha-bayan' of the deceased Prerriata herself which was recorded by the police on 27.3.1991, on which two witnesses namely Kalicharan and Navratan affixed their signatures and a First Information Report was registered on its basis under Section 302, Indian Penal Code. It was stated in the 'parcha bayan' that in the previous evening of 27.3.1991, Ashok son of Bhanwar Lal, who was residing in front of the office of the Rajasthan Public Service Commission, Ajmer came to the deceased where they had a chat and also teased each other and, in course of this, she demanded some ornaments from Ashoka. The appellant herein, Ashoka, promised to return the ornaments within 21/2 months, which had been pledged and also told her that in case she required it earlier then she ought to pay Rs. 1,000/- and he will also pay rupees one thousand in addition to that. The deceased stated that she is not having any money on which Ashoka promised to get back her ornaments after 21/2 months. It has further been stated therein that 21/2 months back, Ashoka had called her at his house to sleep and at that time, the ornaments had been given to her. At this, the deceased lamented and said that death was a better alternative than the life she was living. Ashoka retaliated by arguing that if she threatened him then he himself will give a befitting reply to her. Thereafter Ashoka is alleged to have poured kerosene oil on her from a container and lighted a match-stick and threw at her. Ashoka thereafter fled away and the deceased raised hue and cry. On hearing the cries, the landlord Gokul Bowai arrived there and put a blanket on her. She has further stated the time of the incident, which she mentioned as 11 or quarter past eleven, She then told her landlord to call her brother and mother who arrived. She was then brought to the hospital by her brother Nauratmal, where PW 16 ASI Ram Prasad recorded her 'Parcha Bayan'. The police registered the First Information Report under Section 302, Indian Penal Code and started investigating into the case.
(3.) Thereafter her dying declaration, marked as Ex.P. 22, was recorded by the learned Magistrate Prasant Yadav (PW 18) and Dr. L.N. Singh (PW 10) examined her injuries and prepared the injury report marked as Ex.R 10. The dying declaration marked as Ex.R 22 had been recorded by the learned Magistrate, Prasant Yadav (PW 18) after Dr. D.N. Singh (PW 2) certified that she was in a fit mental state to give her statement. Her injury report was also prepared which is marked as Ex.P. 10. In the dying declaration, which is a short one and was recorded on 28.3.1991 at 10 p.m. after the Doctor, attending Praveen certified that she was in a fit mental state to give her dying declaration, stated that at about 11 or 11.30 Ashoka sprinkled kerosene on her and burnt her. She also stated that Askoka was her second husband with whom she had a quarrel on account of ornaments like ring and ear-ring. She further declared that they were alone in the house. On her dying declaration, her thumb-impression was also affixed, on which there is a note that on account of burns, the thumb impression could only partly be taken. The police at the time of investigation also seized a number of articles vide Ex.R 30, which includes clothes, match-boxes, quilt and broken bangles of the deceased Premlata from the site. The injury report of the deceased had been prepared, which disclosed that she had sustained 80% burn injuries. The accused Ashok also appears to have sustained some burn injuries vide Ex.R 14, but they were indicated superficial in nature. The post-mortem was also conducted on the deceased, Premlata on 29.3.1991, the report of which is marked as Ex.R 15. The police after investigation submitted charge-sheet against the accused- appellant under Section 302, Indian Penal Code who denied the charges and claimed to be tried. The statement of the accused was also recorded under Section 313 Criminal Procedure Code where he did not plead any specific defence, but denied the charge.;