- (1.) Appellant has filed this appeal challenging his conviction and sentence ordered by the trial court vide judgment/order dated 24.3.2017 for offences under Section 302 and 498 A of Indian Penal Code, 1860. Prosecution story, in brief is that the appellant was married to Maya Kanwar on 6.5.2011. Thereafter, Maya Kanwar was being harassed on account of demand of dowry by the appellant. On 27.9.2011, Maya Kanwar suffered burn injuries at the hands of the appellant. On the basis of the complaint moved by Man Singh, formal FIR No.113 dated 23.9.2011 was registered at Police Station Nechhwa, District Sikar for the offences under Section 498-A and 304-B IPC. After completion of investigation and necessary formalities, challan was presented against the appellant. Charges were framed against the appellant by the trial court under Section 498-A and 304-B IPC and in the alternative under Section 302 IPC. Appellant did not plead guilty and claimed trial.
(2.) In order to prove its case, prosecution examined 14 witnesses. Appellant when examined under Section 313 Cr.P.C., after the close of prosecution evidence prayed that his wife had committed suicide as he was a liquor addict. He was innocent and had never demanded dowry from his wife. Appellant did not lead any evidence in his defence. Trial court vide impugned judgment/order has convicted and sentenced the appellant under Section 498-A and 302 IPC. Hence, present appeal by the appellant. Learned counsel for the appellant has submitted that the prosecution has miserably failed to prove its case. Statement of PW-8 Om Kanwar was recorded after 20/21 days of the occurrence. As per PW-8, appellant was seen coming out of the Kitchen with a can, whereas, during investigation, a plastic can containing kerosene oil was recovered from Kitchen itself. As per written complaint moved by Man Singh, nobody was present in the house at the time of incident. Man Singh has not been examined during trial. Hence, no reliance could be placed on the testimony of PW-8 as she has been introduced as a witness at a later stage. Learned State counsel has opposed the appeal and has submitted that the prosecution have been successful in proving its case.
(3.) Admittedly, Om Kanwar sister of the deceased, is married to Mangu Singh elder brother of the appellant. Admittedly, appellant had got married to Maya Kanwar on 6.5.2011. Maya Kanwar has died on account of burn injuries on 27.9.2011. It has been pleaded by the appellant in his statement under Section 313 Cr.P.C. that his wife had committed suicide as he was a liquor addict. Thus, there is no dispute with regard to the fact that the deceased has died an unnatural death. The question that requires consideration is as to whether it is a case of suicide as pleaded by the appellant or it is a case of murder. ;