MOHAMMAD RAFIQ,J. - (1.) These two appeals are directed against two different judgements dated 23.12.2011 and 10.10.2013, respectively passed by the Additional Sessions Judge No. 2, Bundi, whereby the accused-appellant Madan has been convicted for offence under Section 302 I.P.C. and accused-appellant-appellant Banna Bai has been convicted for offence under section 302/34 IPC and each of them were sentenced to life imprisonment with fine of Rs. 10,000 each and in default of payment of fine, they were to further undergo six months additional imprisonment.
(2.) The appeals arise out of the same FIR No. 109/2010 dated 1.6.2010 registered with Police Station Dabi for offence under section 307 read with Section 34 I.P.C., which on death of the victim Kailashi Bai on 16.6.2010, was converted into offence under section 302/34 IPC. The FIR was registered on the basis of dying declaration of deceased Kailashi Bai recorded by Judicial Magistrate on 14.5.2010. In the dying declaration/FIR, the victim Kailashi Bai alleged that on that date her husband and mother-in-law were quarreling with her on the issue of work. While she was sitting, her husband and mother-in-law Banna Bai poured kerosene oil over her body and ignited fire. Her brothers-in-laws:- 'Devar' Prakash and 'Jeth' Jagdish, on hearing the sound of her cry, came there and poured water over her body. In the meantime, she caught hold of her husband, as a result of which, his hands were burnt. He did not save her. Her aunt (sister of her mother), who was residing in the adjoining house had invited her mother for lunch. After some time, when her mother came there, only then she was taken to the hospital. Her husband and mother-in-law used to often quarrel with her and subject her to beating. She did not divulge all this to her parents before apprehending that this might annoy her in-laws and also because she did not want to disturb her parents.
(3.) The police on conclusion of investigation initially filed charge sheet against accused-appellant Madan and kept the investigation pending against Banna Bai under Section 173(8) of Cr.P.C. Subsequently, charge sheet was filed against her too. Both of them faced separate trials. On filing of the charge sheet against Madan, the case was committed to the Court of Sessions, Bundi. The prosecution produced 22 witnesses and exhibited 24 documents. Defence did not produce any evidence or exhibits. The trial court convicted accused-appellant Madan for offence under Section 302 I.P.C. and sentenced him to life imprisonment with fine of Rs. 10,000, in default of which, he was to undergo further imprisonment of six moths. Hence this appeal.;