- (1.) The instant criminal appeal has been filed by the accused appellant under Section 374 of the Code of Criminal Procedure against the Judgment of conviction and sentence dated 21.01.2013 passed by Sessions Judge, Ajmer in Sessions Cases No. 07/2011 whereby he was convicted for offence under Section 302 IPC and sentenced to life imprisonment and a fine of Rs.2,000/-, in default of payment of fine, he was further undergo simple imprisonment of six months.
(2.) Brief facts of the prosecution case are that Shri Narendra Bahadur Singh, ASI, Police Station Dargah recorded a parchabayan (Ex.P9) on 07.10.2010 at 7:15 P.M. of Smt. Shanno @ Shahnwaj w/o Salim, aged 24 years, R/o Near Sarvar Guest House, Anderkot, Ajmer to this effect that in the evening that day at 4:00, she was cooking the food on 'sigadi' (hearth). Her husband Salim came. She demanded money from him for giving the rent to landlord Islam. Her husband gave Rs.20/-. She went to give the rent to the house owner. On returning to the room, she found that her husband had thrown curd and other eatables on the floor. When she asked the reason for this, he became angry and poured kerosene oil over her and lit the fire by match-stick. Her mother-in-law and mother got her admitted in hospital. Her husband also tried to save her and in the process his hands and legs were also burnt during this incident.
(3.) On the basis of aforesaid 'parcha bayan', a regular first information report bearing No. 109/07.10.2010 for the offence under Sections 324/307 IPC was chalked out. After completion of investigation, the police submitted charge-sheet against accused appellant under section 302 IPC. The learned trial court after hearing the arguments framed the charge against the accused appellant for offence under Section 302 IPC, who pleaded not guilty and claimed to be tried. The prosecution in support of its case produced 12 witnesses and exhibited 24 documents. In defence, the accused appellant produced one witness Jebunisa (DW1). The accused appellant was examined under Section 313 Cr.P.C. in which he denied allegations and alleged false implication. Learned trial court after hearing the final arguments, convicted and sentenced the accused appellant for the charge levelled against him vide impugned judgment dated 21.01.2013. The accused appellant aggrieved and dissatisfied with the impugned judgment of conviction and sentence has preferred instant criminal appeal.;