VINIT KUMAR MATHUR,J. - (1.) The present criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dated 05.04.2013 passed by the learned Additional Sessions Judge No. 5, Udaipur in Sessions Case No. 162/2012 whereby the accused-appellant was convicted for the offence under Section 302 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs. 2,000/- and in default of payment of fine to further undergo two months additional simple imprisonment.
(2.) The prosecution case emanates from the dying declaration of Smt. Ratan wife of Banshi Lal (Ex.P/13) recorded by the police while she was undergoing treatment at Burn Ward of M.G. Government Hospital, Udaipur on 20.09.2010 at 12.15 A.M. wherein she stated that two years ago, she had contracted a love marriage with Banshi Lal of her own volition. Her husband Banshi Lal started working as Khalasi on a bus of Madar. They were staying in the house of Logar Dholi on rent. On 19.09.2010, she went to see the play of Gajanandji. At around 8.00 P.M. when she returned home, her husband Banshi Lal was present in the house. Since her husband was suspected her character, he threw a burning kerosene stove on her from inside the room, due to which, her body and clothes caught fire. Her brother-in-law Ramesh, Logarji and the neighbours doused the fire by pouring water over her. Her husband fled away from the place of incident. Her brothers-in-law Ramesh and Roshan took her to the hospital in 108 Ambulance. Her husband was boiling milk on the stove and after putting the pan of milk on the stand, he threw the burning stove on her, due to which her clothes caught fire. He was shouting and asking where she had gone. He became infuriated as she did not disclose where she had gone without informing him and in this fit of rage, he threw the burning stove on her, due to which she sustained burn injuries.
(3.) On this statement, a formal F.I.R. No. 349/2010 was registered at Police Station Amba Mata, District Udaipur for the offence under Section 326 of I.P.C. against the accused-appellant. The victim Smt. Ratan died while undergoing treatment and therefore, the police added Section 302 of I.P.C. in the matter and arrested the accused-appellant on 25.09.2010.;