D.B. Criminal Appeal No. 769/2011

Decided On: 19.01.2017

Appellants: Bhagirath Vs. Respondent: State of Rajasthan

Hon'ble Judges/Coram:
Gopal Krishan Vyas and Goverdhan Bardhar


Gopal Krishan Vyas, J.

1. In this criminal appeal filed under Section 374(2) of Cr.P.C, the accused appellant, Bhagirath, has challenged the judgment dated 29th of Aug., 2011 passed by learned Addl. Sessions Judge, Rajgarh, District Churu (Trial Court) in Session Case No. 18/2008, by which the accused appellant, Bhagirath, was convicted for the offences under Sections 498A and 302 of IPC and following sentence was passed against him: -

498A of IPC: Three Years' Simple Imprisonment along with fine of Rs. 500/-. In default of payment of fine, to further undergo six months' simple imprisonment.

302 of IPC: Life Imprisonment and fine of Rs. 1,000/- and in default of payment of fine, to further undergo one year simple imprisonment."

2. Briefly stated, the facts of the case are that on 16.05.2008 at 03.50 PM, Assistant Sub-Inspector, Mangilal (PW.12) of Police Station Rajgarh, recorded statement ('Parcha-Bayan') Ex. P/19) of Smt. Suresh Devi, wife of accused appellant, Bhagirath, who was under treatment at Government Hospital, Rajgarh, District Churu. In the 'Parcha-Bayan', it was alleged by Smt. Suresh Devi, that my husband after consuming liquor used to harass me and on the date of incident at about 12-12.30 in the afternoon, when I was sleeping inside the house under "Chhapra" (Shed), my husband poured kerosene upon me and lit fire. On the basis of above 'Parcha-Bayan' of Smt. Suresh Devi, F.I.R. No. 158/2008 was registered at Police Station- Rajgarh, u/s. 498A and 307 of IPC against the appellant, Bhagirath, and investigation commenced.

3. During investigation, Smt. Suresh Devi, died on 25.05.2008, therefore, offence u/s. 302 of IPC was added. After completing the investigation, Challan was filed against the accused appellant for offences u/s. 302, 498A of IPC in the court of learned A.C.J.M., Rajgarh, from where the case was committed for trial to the court of Addl. Sessions Judge, Rajgarh, District Churu.

4. The learned trial court thereafter after providing opportunity of hearing to the accused appellant, framed charges against the accused appellant for offence u/s. 302 and 498A of IPC on 12.08.2009, which the appellant denied and prayed for trial.

5. During trial, statements of 14 prosecution witnesses were recorded and 20 documents were exhibited from the prosecution side in support of its case, including two dying declarations Ex. P/10 and Ex. P/19 of deceased, Smt. Suresh Devi, recorded by the Executive Magistrate, Rajgarh, at 04.15 PM and ASI, Mangilal (PW.12) at 03.50 PM on 16.05.2008 respectively.

6. The learned trial court after recording evidence of the prosecution proceeded to record the statements of accused appellant under Section 313 Cr.P.C. in which accused appellant denied the allegations of prosecution. An opportunity to lead evidence was granted to the accused, therefore, accused appellant examined himself as DW.1 in defence and said that no kerosene was poured by me, the deceased herself committed suicide while pouring kerosene upon her and my son, Mukesh, poured water on her mother to save. It was also stated by the accused that I am not consuming liquor.

7. The learned trial court after hearing the arguments considered the entire evidence and while relying upon the dying declaration (Ex. P/10 and Ex. P/........