MEHTA,J. - (1.) The instant appeal under Section 374 (2) CrPC has been preferred by appellant Shyam Singh being aggrieved by the judgment dated 22.11.2012 passed by the learned Additional Sessions Judge, Woman Atrocities Cases, Bhilwara in Sessions Case No.17/2008, whereby he has been convicted and sentenced as below :- Offence for Sentence awarded which convicted Section 323 IPC Simple imprisonment for three months Section 325 IPC Simple imprisonment for three years and a fine of Rs.1000/- and in default of payment of fine, further to undergo simple imprisonment for one month Section 302 IPC Imprisonment for a term of life and a fine of Rs.10,000/- and in default of payment of fine, further to undergo simple imprisonment for one year All the substantive sentences were ordered to run concurrently. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow. Smt. Anchi Devi, Banshi Singh and Mangu Singh, the parents and brother of Smt. Paras Devi (deceased), submitted a complaint (Ex.P/6) to the Superintendent of Police, Bhilwara on 04.01.2008 alleging inter alia that Smt. Paras Devi had been married to Shyam Singh (appellant herein) about 15 years ago. Two children were born from the wedlock. Paras Devi was regularly being harassed, humiliated and tortured in the matrimonial home on account of demand of dowry. On 30.12.2007, her husband Shyam Singh poured kerosene on her body and set her to fire and tried to kill her. Before getting the lady admitted to the hospital, she was threatened that she should give a statement that she accidentally caught fire owing to falling of a burning Chimney. The complainants alleged in the complaint that Smt. Paras wanted to give a correct statement before the Magistrate so that justice could be done and appropriate action could be taken against her matrimonial relatives. The report was forwarded to the Police Station Shambhoogarh, District Bhilwara, where an FIR No.1/2008 (Ex.P/16) was registered for the offences under Sections 498-A, 323 and 307 IPC.
(2.) A few facts preceding this set of events need to be taken note of. Smt. Paras Devi was admitted at the Government Hospital, Bhilwara in a burnt condition on 30.12.2007. Information of this incident was sent to the Police Station, Shambhoogarh. The SHO Shri Harshraj Singh went to the hospital and recorded the statement of Smt. Paras Devi on 31.12.2007, wherein Smt. Paras Devi divulged that she was sleeping in her room at 10 o'clock in the night. A chimney was burning on the sill above, which fell down accidentally, due to which, she got burnt. It is also relevant to mention here that while the lady was being admitted in the Government Hospital, Bhilwara, the following noting was made in the bed-head ticket : "History of burn by kerosine oil chimney. Smell of kerosine."
(3.) After lodging of the report aforesaid by the matrimonial relatives of the deceased and registration of the FIR, the statement of Smt. Paras Devi was recorded by the Judicial Magistrate Shri Manoj Kumar Goyal at the M.G.H., Bhilwara under Section 164 CrPC after ascertaining her physical and mental capability. In the said statement, Smt. Paras alleged that she had been married to Shyam Singh about 20 years ago. Her husband was a habitual drunkard. In the night of 30.12.2007 at 10 o'clcok, he came home in a drunk condition. Her children had gone to sleep. Her husband poured kerosene on her person, set her to fire and thereafter he ran away. Her sister-in-law Seeta came and she and her son poured water and tried to douse the fire. She further alleged that first her husband quarrelled with her under the influence of liquor and thereafter, he poured kerosene on her person from a jerrycan of 5 litres.;