ANOOP KUMAR DHAND, J. - (1.)The challenge in this appeal under Sec. 374(2) Cr.P.C. is led to the judgment dtd. 22/8/1990 passed by the Court of learned Sessions Judge, Sawai Madhopur (for short 'the trial court'), in Sessions Case No.3/1988, by which the accused appellant has been convicted and sentenced as under:- JUDGEMENT_259_LAWS(RAJ)7_2022_1.html
(2.)The period spent in the police/judicial custody has been ordered to be set-off in the original imprisonment.
(3.)The facts relevant and necessary for the disposal of this appeal are thus:-
"PW1 Radhey Shyam (informant) submitted a written report (Ex. Pl) to the Superintendent of Police and the S.H.O., Sawai Madhopur, Police Department, alleging inter-alia that his sister Prem Devi is residing in the house of Babulal Gogoriya on rent. In the same house, Pooran Singh, Police Officer is also residing on rent along with his children. In addition to them, 2-3 tenants are also residing in the same house. On 8/5/1978 in the night at about 2:00 AM, Pooran Singh, Police Officer, forcibly attempted to commit rape with his niece Sampat Bai for which a report was given by his sister Prem Devi, which was sent to the Deputy Superintendent of Police for inquiry and in that application she submitted complete details. Today i.e. on 11/5/1978 at about 12:00-1:00 P.M. in the day, Munna, son of Pooran Singh tinkerly abused his sister Prem Devi and he also gave threatening to her a long- with her niece Sampat for committing their murder. In the intervening, he and Siraj Mohammad saved them.

Thereafter at about 2:00-3:00 P.M. in the afternoon when his niece Sampat was sleeping in the room in the upper portion of the house, his niece Mina went to take water and bread (roti), then she saw that Munna came in a fast speed from the room having a bottle containing therein l/4th kerosene. After seeing the smoke inside, she cried and came to him and thereafter he went there and saw that his niece Sam pat Bai was burnt and died."