SANGEET LODHA,J. - (1.) This criminal appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the State aggrieved by the judgment dated 7.4.93 passed by Session Judge, Jodhpur in Session Case No. 209/92, acquitting the accused respondent Ramzan Khan of the charge for offence under Sections 302 IPC.
(2.) Briefly stated the prosecution case is that Smt. Mariyam, the sister of complainant Shaukat Khan (PW 7) was married to Ramzan Khan s/o Bheru Khan. Out of the wedlock, a daughter and two sons were born to them. Ramzan Khan was habitual drinker and under intoxication used to beat Mariyam. Mariyam complained about it so many time. Shaukat Khan (PW 7) and his family members persuaded Ramzan Khan not to beat Mariyam, but to no avail. On 13.9.92 around 10.30-11 P.M. when Shaukat Khan (PW 7) was sitting at his home, he heard Mariyam screaming ...[VERNACULAR TEXT OMITTED]... and also that of neighbour "efj;e cys js". Shaukat Khan (PW 7) rushed to the house of Mariyam. Neighbour Mohd. Aziz and Jaiti had already reached there. Mariyam in burnt condition was lying in a room of her house, Ramzan Khan was standing beside. Whole body of Mariyam was burnt from face to legs and smell of kerosine was coming from the room. Kerosine was found spread on the floor and a kerosine tin was lying on the bed. Burnt cloths of Mariyam were also lying there. She was unconscious. Ramzan was quiet. Shaukat Khan (PW 7) rushed to bring taxi and asked taxi driver Gaure Khan (PW 1) to take Mariyam to the hospital immediately. After informing his family members, Shaukat Khan (PW 7) also went to the hospital, accompanied by Babu Khan. Shaukat Khan (PW 7) being confirmed that Ramzan Khan has burnt Mariyam by pouring kerosine with an intention to kill her, submitted the written report (Ex. P/5) narrating the incident occurred as aforesaid.
(3.) On the basis of the written report (Ex.P/5), the police registered an FIR (Ex.P/6) for offences under Section 498A, 307 IPC and the investigation commenced.;