TATIA, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS appeal is against the judgment and order dated 21. 3. 2002 passed by the Court of learned Additional Sessions Judge (Fast Track), Jalore in Sessions Case No. 110/2001 (Old No. 39/2001) by which the learned trial court convicted and sentenced the accused appellant as under :- Offence Punishment Section 498a IPc To undergo three years' simple imprisonment with a fine of Rs. 1000/- and in default to further undergo 6 months' simple imprisonment. Section 302 IPc To undergo imprisonment for life with a fine of Rs. 2,000/- each and in default to further undergo 1 year's simple imprisonment. As per the prosecution case, the S. H. O. , Sanchore - Shri Sohan Lal, PW5, received an information from the Community Health Centre, Sanchore (CHC, Sanchore) that one lady Smt. Geeta has been brought in hospital in serious condition due to burn injuries. After this information, the S. H. O. Went to the hospital and enquired from Dr. B. L. Vishnoi (PW7)about the condition of Smt. Geeta and after receipt of the opinion of the doctor that Smt. Geeta is in fit condition to give statement, her statement (Parcha Bayan) Ex. P/1 at 11:40 AM was recorded on the same day i. e. 4. 5. 2001. In this parcha bayan, Smt. Geeta stated that her husband poured kerosene upon her and burnt her. When she shouted for help, her father-in-law, mother-in-law and sister-inlaw (her husband's sister) came to save her and thereafter, she fell down in a water tank. From the water tank, she was taken out by her mother-in-law with the help of one neighbour - Smt. Champa Ben. She further stated that she was not liked by her husband Tulsa Ram. On the basis of above parcha bayan, at 5:45 PM, a case under Sections 498a and 307 IPC was registered at the Police Station, Jab. Thereafter, investigation was conducted by Deputy Superintendent of Police, Sanchore - PW13 Mahaveer Prasad. During investigation, Smt. Geeta died at Civil Hospital, Ahmedabad (Gujarat) and, therefore, the case was registered under Sections 498a and 302 IPC in place of Sections 498a and 307 IPC. As per the prosecution case, the S. H. O. , Police Station, Sanchore gave a letter to the Medical Officer of CHC, Sanchore on 4. 5. 2001 requesting for medical examination of Smt. Geeta and this letter as per the doctor's endorsement was received by the doctor at 11:00 AM (Ex. P/6 ). Thereafter, another letter was given to the Medical Officer of CHC, Sanchore (Ex. P/7) at 11:35 AM to know whether Smt. Geeta is in fit condition to give statement or not. The doctor at 11:35 AM gave certificate that, "she is in condition to give statement. ". As per the prosecution case at 11:35 AM itself, an application was submitted before the Judicial Magistrate, First Class, Sanchore requesting him to record the statement of victim Smt. Geeta and as per the endorsement made by the Judicial Magistrate, Sanchore. He received the application at 11:35am and he decided to record the statement of Smt. Geeta. The learned Judicial Magistrate started recording of the statement of Smt. Geeta at 11:45 AM and concluded her statement at 12:35 PM, as per the endorsement of learned Judicial Magistrate made at the start and end of statement of Smt. Geeta (Ex. P/9 ). Smt. Geeta, who was injured by burn injuries and was admitted at CHC, Sanchore was taken to Ahmedabad for treatment where she died and her post mortem was conducted at Ahmedabad and post mortem report was also submitted. The site was inspected, site maps and reports were prepared during investigation. Articles with the help of which the alleged offence was committed, were recovered.
(3.) AFTER investigation, the police filed challan against the accused under Sections 302 and 498a IPC. Charges were framed against the accused which were denied by him and he sought trial. At the trial, the prosecution produced PW1 Dhanna Ram, PW2 Ukaram (Motbir), PW3 Kesa Ram (Motbir), PW4 Anda, PW5 Sohan Lal, PW6 Mafa Ram @ Mafa Bhai, PW7 Dr. Babu Lal Vishnoi, PW8 Kalyan Singh, PW9 Bhav Singh, PW10 Smt. Champa Ben, PW11 Dr. Jayanti Lal, PW12 Kirta Ram Goyal, PW13 Mahaveer Prasad and PW14 Anil Arya and exhibited 20 documents including the documents referred above. The statement of accused appellant was recorded under Section 313 Crpc who stated that Smt. Geeta was his wife and she died because of the burn injuries but she was burned by herself. He never gave beating to Smt. Geeta. On the day of incident at 6:00 AM, he was sleeping and he woke up after hearing the shouts and found that his mother, father were putting a blanket on his wife Smt. Geeta. His wife did not like him because she was of fair colour and was well built and a girl of city whereas he (accused) was a villager. Two days before the incident, she insisted for going to her parent's house which was denied by the accused appellant and, therefore, she was not happy and she burnt herself. Smt. Champa Ben also helped in saving Smt. Geeta and lastly, he stated that he has been falsely implicated in this case. In defence, he produced DW1 Gordhan, DW2 Medaram and DW3 Smt. Chaini @ Chhaini and exhibited documents Ex. D/1 and Ex. D/2 - statements of Anda and Mafa Bai which were recorded during investigation. ;