SANDEEP MEHTA, J. - (1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 22.02.2011 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Udaipur in Sessions Case No. 05/2009 (State V/s Meetha Ram) whereby the accused- appellant was acquitted of the offence under Section 498-A of I.P.C. by extending benefit of doubt but was convicted and sentenced as under :- Offence Sentence U/s 302 I.P.C. Life imprisonment with fine of Rs. 1,000/- and in default of payment of fine to further undergo 01 month additional simple imprisonment The prosecution story emanates from a written report (Ex.P/1) filed by Bhera (P.W. 1) at the Police Station Sayra, District Udaipur on 11.10.2008 at 8.15 P.M. wherein it was stated that his daughter Smt. Vanki Bai was married to Meetha for last four years. Meetha was staying in the close vicinity of his house. The couple had a year old daughter. On 11.10.2008 at around 6:00 P.M., he heard shrieks coming from the house of his daughter. He rushed towards the house of his daughter and when he reached there, his daughter told him that Meetha had poured kerosene over her body and set her afire. He and his wife Mugali saw the clothes of their daughter Vanki aflame and by putting the blanket, they tried to douse the fire. When they reached the house of their daughter, their son-in-law was present but immediately thereafter, he ran away from the place of occurrence. He, thus, alleged that his son-in-law tried to kill his daughter by burning.
(2.) On the basis of this written report, a formal F.I.R. No. 168/2008 (Ex.P/11) was registered at Police Station Sayra, District Udaipur for the offences under Sections 498-A and 307 of I.P.C. against the accused and the investigation was commenced. The victim Vanki Bai died while undergoing treatment and therefore, the police added Section 302 I.P.C. in the matter and arrested the accused-appellant on 12.10.2008.
(3.) After conclusion of investigation, the police filed charge- sheet against the accused-appellant for the offences under Sections 498-A and 302 I.P.C.;