DINESH CHANDRA SOMANI,J. - (1.) -This criminal appeal under Section 374 of Cr.P.C. preferred by the appellant, was received by post through Jail, against the judgment of conviction and order of sentence dated 10.02.2011 passed by learned Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu in Sessions Case No. 31/2010 (47/2010), whereby the appellant has been convicted under Section 302 of I.P.C. and sentenced to life imprisonment with a fine of Rs.5,000/- and in default of payment of fine to further undergo one years' simple imprisonment.
(2.) Prosecution story in brief is that on 17.01.2010, the complainant Devkaran S/o Rameshwar Lal Meghwal submitted a written report (Ex.P-4) to SHO, Police Station Mandawa stating therein that his sister Manju Devi was married with Shyopal S/o of Gheesa Ram, by caste Balai, Ward No. 17, Mandawa. He got telephonic information that death of his sister Manju Devi has occurred by burns. Thereafter, he informed his family members and went to the spot, with some persons. He saw there that his sister was completely burnt and her death took place on the spot. Thereafter, they did not allow her funeral and discussed the matter for inquiry. Thereafter, we are submitting this application to you with request to inquire into the matter. It is pertinent to mention that her husband Shyopal came to home before two days from abroad and thereafter, this incident took place. His bahnoi (brother-in-law) Shyopal gave beating several times to his sister Smt. Manju Devi. In the night of 16.01.2010, his bahnoi (brother-in-law) Shyopal burnt his sister Manju Devi to death. So please take legal action against Shyopal.
(3.) On the basis of above written report, FIR No. 4/2010 was registered at Police Station Mandawa, District Jhunjhunu for offence under Section 302 of I.P.C. and investigation commenced. After completion of investigation, the police filed charge-sheet against the accused/appellant under Section 302 of I.P.C. in the Court of Judicial Magistrate, Jhunjhunu who committed the case to the Sessions Judge, Jhunjhunu and thereafter, the case was transferred to Additional Sessions Judge, (Fast Track) No. 2, Jhunjhunu.;