G.K.VYAS, J. - (1.) The instant criminal appeal has been filed under Section 374 (2) Cr.P.C . by the appellant, Smt. Kamla W/o Banshi Lal Meena, against the judgment dated 15th of July, 2008 passed by learned Addl. Sessions Judge (Fast Track), Dungarpur in Session Case No.40/2008 (3/2008) arising out from F.I.R. No.119/2007 of Police Station Dovera, District Dungarpur, whereby the learned trial court convicted the accused appellant for offence under Sections 302 and 459 of IPC and passed following sentence, which reads as infra: 302 of IPC : Life Imprisonment and fine of Rs.5000/- and in default of payment of fine, to further undergo six month s simple imprisonment. 459 of IPC : Life Imprisonment and fine of Rs.5000/- and in default of payment of fine, to further undergo six month s simple imprisonment. FACTS OF THE CASE: Complainant, Thanwra (PW.9) submitted an oral complaint at Police Station Dovera, District Dungarpur on 09.12.2007 at 10.30 AM, upon the said complaint, formal F.I.R. No.119/2007 (Ex.P/12) was registered on 09.12.2007 against the accused appellant. As per oral complaint the complainant (father in law of deceased and appellant), he was having five sons and he was living with son Narayan. His son Narayan solemnized „Nata marriage with one Smt. Khatri ten years back, and from the wedlock of „Nata Marriage, two daughters and two sons were born. On 08.12.2007 in the morning, he went out for some work and in his back a quarrel took place at about 01.00 PM in between accused appellant, Smt. Kamla and Smt. Khatri (deceased) W/o Narayan in the said quarrel the appellant, Smt. Kamla, poured kerosene upon Smt. Khatri and lit fire upon her body. Due to said fire, Smt. Khatri received burn injuries and ultimately died. The aforesaid information was given to him by his granddaughter Ms. Aarti (minor daughter of deceased PW.8). During investigation upon prayer made by the investigating officer, statements of Ms. Aarti were recorded u/s 164 Cr.P.C . by the Addl. Civil Judge (Sr. Division)-cum-Addl. Chief Judicial Magistrate, Dungarpur.
(2.) In the FIR registered against the appellant under Section 459 , 326 and 302 of IPC at Police Station, the investigation was conducted by the S.H.O. and after completion of investigation, police filed charge sheet against the accused appellant, Smt. Kamla, for offence under Sections 459 , 326 and 302 of IPC in the court of learned Judicial Magistrate, Dungarpur, from where the case was committed to the court of Sessions Judge, Dungarpur but during trial the case was transferred to the court of Addl. Sessions Judge (FT), Dungarpur, for further trial.
(3.) After providing opportunity of hearing, the learned Addl. Sessions Judge (FT) Dungarpur, framed charges against the accused appellant, Smt. Kamla under Sections 459 and 302 of IPC and thereafter recorded the statements of 12 prosecution witnesses and 23 documents were exhibited in support of prosecution case. The statements of accused appellant, Smt. Kamla, were recorded under Section 313 Cr.P.C., in which she denied all the allegations levelled by the prosecution witnesses and said that, ...[VERNACULAR TEXT OMITTED]... ;