G.K. Vyas, J. - (1.) The present criminal appeal has been filed by the appellants under Section 374 (2) of Cr.P.C. against the judgment dated 05th July, 2011 passed by learned Addl. Sessions Judge, Didwana, District Nagaur (for brevity, hereinafter referred to as 'trial court') in Session Case No.14/2010 whereby the appellants were convicted for the offences under Sections 302/34, 323/34, 341, 509 and 498A of IPC and following sentence was imposed against them: JUDGEMENT_79_LAWS(RAJ)1_2017_1.html
(2.) Succinctly stated, the facts of the case are that statements (Ex.P/3-'Parcha-Bayan') of injured, namely, Smt. Radha Devi, were recorded by Bhanwar Singh, Head Constable of Police Station- Ladnu, at P.B.M. Hospital, Bikaner on 25.03.2010, in which Smt. Radha Devi stated that she got married with Askaran S/o Nathu Ram, 24 years back and having one daughter and two sons from the said wedlock. In the family of her in-laws, there are four brothers including her husband and out of four brothers, two brothers along with their family members are residing with her. As per allegations of Smt. Radha Devi, on 24.03.2010 at about 05-06.00 PM, when she came back at her house in the evening, her brother-in- law, namely, Nemichand used abusive language and inflicted injuries on her head by a sharp weapon and pushed her forcibly in a room where her mother-in-law came and poured kerosene upon her and set her at fire by throwing a matchstick. After litting fire, both, Nemichand and mother-in-law, namely, Smt. Mangi Devi, ran away from the place of occurrence. Upon hearing the hue and cry, her sister-in-law, Kamla Devi, came there and poured water for rescue.
(3.) Upon the aforesaid 'Parcha-Bayan' (Ex.P/3), on 26.03.2000 an F.I.R. No.57/2010 was registered at Police Station Ladnu, District Nagaur, against the accused appellants and investigation was commenced.;