JUDGEMENT
MATHUR, J. -
(1.)BY the judgment dated 3.5.1989 learned Sessions
Judge, Bikaner acquitted respondents Smt. Ladhudi and Smt.
Hemli from the charges pertaining to the offences
punishable under Sections 302 and 302/34 Indian Penal Code.
This Court by order dated 30.11.1989 granted leave to
appeal the judgment aforesaid by treating the leave
application itself as a memo of appeal.
(2.)THE factual matrix necessary to be noticed is that on 16.8.1988, one Shri Dungar Ram Kumhar lodged an FIR
at Police Station Napasar with allegation that in morning
of 16.8.1988 when he returned his house after attending the
call of nature, he found his wife Mrs. Lichhma seriously
burnt. On making inquiry he came to know that Smt. Ladhudi
wife of Narsaram and Smt. Hemli wife of Bheraram poured
kerosene on his wife and ignited with match stick. A
reference of previous enmity between Smt. Lichhma and
accused persons was also made. After three days of the
incident Smt. Lichhma succumbed to the burn injuries and
died. A case, thus, was lodged for commission of an offence
punishable under Section 302 Indian Penal Code.
After completion of investigation a police report as per provisions of Section 173 Cr.P.C. was filed before
the competent court and the case was committed to the Court
of Sessions. Learned trial court framed the charges for
commission of the offences punishable under Sections 302
and 302/34 Indian Penal Code and on denial of the same
trial commenced as desired.
(3.)THE prosecution supported its case with the aid of 12 witnesses and the documents prepared during the
investigation. The accused respondents availed opportunity
to explain the circumstances appearing against them in
prosecution evidence. In defence, statements of DW-1
Chokharam were recorded. Suffice to mention that DW-1
Chokharam is a neighbour of complainant Madharam.
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