Prashant Kumar Agarwal, J. - (1.) The accused-appellant has filed this Criminal Appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 9.12.2016 passed by the Additional Sessions Judge (Women Atrocities Cases) No.1, Jaipur Metropolitan in Sessions Case No.27/2011 whereby the learned trial Court after holding the appellant guilty for offence under Section 306 IPC sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.50,000/- and in default thereof to further suffer rigorous imprisonment for three months.
(2.) Brief relevant facts for the disposal of this appeal are that complainant-PW3-Smt.Kamla, mother of deceased Smt.Anju, filed a complaint (Ex.P5) on 2.2.2011 before Judicial Magistrate No.8, Jaipur Metropolitan, Jaipur with the allegation that her daughter-Smt.Anju was married to accused-appellant in the year 1996 and out of their wedlock a son namely Hemant was born. It was further alleged that appellant and his father-Shri Shanti Lal used to harass Smt.Anju and they turned her out from their house in the year 2009 compelling her to reside in her parental home. It was also averred in the complaint that Smt.Anju lodged FIR on 5.2.2009 against appellant for offence under Sections 498-A, 406 and 323 IPC and after investigation charge-sheet was also filed against him. It was further averred that one case under the provisions of the Protection of Women from Domestic Violence Act and another for grant of maintenance was filed against appellant but even then he was regularly harassing her daughter Smt.Anju taking advantage of the fact that his elder brother Shri Raj Kumar is a police personnel. After alleging various instances of harassment of deceased-Smt.Anju at the hands of appellant it was also stated that appellant sent four letters to deceased using abusive language and threatening to kill her. It was alleged that as a result of continuous harassment by appellant, Smt.Anju committed suicide on 18.1.2011 after setting her on fire. The complaint so filed was sent for investigation under Section 156 (3) Cr.P.C. to Police Station Galta Gate, Jaipur where FIR No.45/2011 for offence under Section 306 IPC was registered and after usual investigation charge-sheet was filed against the appellant for the aforesaid offence. It is to be noted that Smt.Anju died in the evening of 18.1.2011 in SMS Hospital, Jaipur during treatment where she was brought in burnt condition and as she suffered an unnatural death Marg Report No.2/2011 was registered on 18.1.2011 itself at Police Station Galta Gate, Jaipur and inquiry under Section 174 Cr.P.C. was conducted. The evidence collected during the course of this inquiry was also made part of the chargesheet. Charge for offence under Section 306 IPC was framed against the appellant and in order to prove the same prosecution produced oral as well as documentary evidence whereas appellant in his statement recorded under Section 313 Cr.P.C. denied the evidence produced on behalf of the prosecution and it was specifically stated by him that his wife was residing at her parental home since last three years and in this period he neither met his wife nor had a talk with her. It was further stated by him that his wife did not commit suicide but she suffered an accidental death due to gas cylinder and short-circuit fire but his in-laws in order to falsely implicate him gave her death a suicidal colour by the reason that litigation was already pending between them. In defence statement of DW1-Shri Rajkumar, elder brother of appellant, was recorded and some documents were also produced. Learned trial Court after considering the submissions made on behalf of the respective parties and appreciating and evaluating the evidence available on record convicted and sentenced the appellant as already stated. It was found by the trial Court that Smt.Anju suffered suicidal death as she set her on fire after pouring kerosene oil upon her and it was appellant who by continuous harassment instigated her to commit suicide.
(3.) From the evidence available on record and admissions and submissions made on behalf of the parties, now, there is no dispute between them regarding the following facts:- (1) Deceased was married to appellant on 21.11.1996 and out of their wedlock one son namely Hemant was born and at the time of the incident he was at the age of about 8 years. On the same day elder sister of deceased-Smt.Indu was also married to elder brother of appellant DW1-Shri Rajkumar. (2) Deceased was residing with her parents and other family members since February, 2009 and on 18.1.2011 also at the time of incident, as a result thereof she suffered an unnatural death due to burn injuries sustained by her by fire, she was residing in her parental home. (3) FIR No.14/2009 was lodged by the deceased on 5.2.2009 at Police Station Mahila Thana, Jaipur against her in-laws for offences under Sections 498-A, 406 and 323 IPC and after investigation charge-sheet was filed against appellant for the aforesaid offences and the same was pending for trial at the time of present incident. (4) A complaint/petition under Section 12 of the Protection of Women from Domestic Violence Act was filed by the deceased against appellant and some of his family members on 15.5.2009 before Judicial Magistrate No.8, Jaipur Metropolitan, Jaipur alleging commission of various kinds of domestic violence and harassment against her by appellant and other family members. Certain amount of maintenance was awarded by the Court to deceased and her son and when appellant failed to pay the amount so awarded, recovery proceedings were initiated against him by deceased. (5) While residing at her parental home, deceased was under depression and was taking treatment at SMS Hospital, Jaipur but at the same time she was also doing B.Ed.;