- (1.) Appellants had faced trial under Section 498-A, 304-B in alternative Section 302 Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') in FIR No. 568 dated 24.08.2014 registered at Police Station Jhotwara, District Jaipur (South). Prosecution case was set in motion on the basis of statement of Shabana Bano (since deceased) recorded on 24.08.2014. Victim stated that she was married in the year 2010. After her marriage her mother-in-law Sayra Bano and sister-in-law Heena Bano used to harass her on account of demand of dowry. Her husband had never harassed her on account of demand of dowry. No child was born to her out of her wedlock. On 23.08.2014 at about 8.00 p.m., she was working in the kitchen and the gas stove was on. Her father-in-law was sitting outside and was taking his meals, whereas, her husband had gone out for work. Her mother-in-law threw kerosene oil on her and as a result she caught fire because the gas stove was on.
(2.) On the basis of the statement of the victim, formal FIR was registered under Section 498-A, 307 I.P.C. Statement of the victim was recorded by the Magistrate on 24.08.2014, wherein, victim stated that Sayra Bano was her mother-in-law and Heena Bano was her sister-in-law and they used to harass her. On the day of occurrence, her sister-in-law said something to her mother-in-law and due to this reason both of them quarrelled. Thereafter, she (victim) came in the kitchen quietly. Her mother-in-law and sister- in-law came in the kitchen and threw kerosene oil on her and as a result, she suffered burn injuries. Kerosene oil had been thrown on her by her mother-in-law. Victim died on 29.08.2014. After completion of investigation and necessary formalities, challan was presented against the appellants. Trial Court framed charges against the appellants under Section 498-A , 304-B in the alternative Section 302 I.P.C. Appellants did not plead guilty and claimed trial.
(3.) In order to prove its case, prosecution examined seventeen witnesses, during trial. Appellants when examined under Section 313 Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed that they were innocent and had been falsely involved in this case. Appellants examined two witnesses in their defence. Learned Trial Court ordered the conviction of appellants under Section 498-A I.P.C. and sentenced them to undergo rigorous imprisonment for two years and a fine of Rupees five thousand each and it was further ordered that in case of default of payment of fine, they shall further undergo rigorous imprisonment for two months. Appellants were also convicted qua offence punishable under Section 302 I.P.C. and were sentenced to undergo imprisonment for life and fine of Rupees ten thousand each. It was further ordered that, in case of default of payment of fine, appellants shall further undergo rigorous imprisonment for two months. Appellants were acquitted qua charge framed against them under Section 304-B I.P.C. Hence, the present appeal by the appellants. ;