-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T Udai Ram Vs. State of Rajasthan S.B.CRIMINAL APPEAL NO.382/1986 against the judgment dt.24.9.1986 passed by the Sessions Judge, Churu, in Sessions Case No.33/1984. Date of Judgment: May 20, 2008 P R E S E N T HON'BLE MR.JUSTICE DEO NARAYAN THANVI Mr.Doonger Singh, for appellant. Mr.O.P.Rathi, Public Prosecutor. BY THE COURT : This is an appeal against the judgment of the learned Sessions Judge, Churu, dt.24.9.1986, whereby he has convicted the accused appellant Udai Ram for the offence u/s.307 IPC and sentenced him to three years' R.I. and to pay a fine of Rs.1000/- -2- and in default, to further undergo three months' R.I. and at the same time, he acquitted accused Krishna Ram and Dhandi for the offence u/s.307 read with Sec.114 IPC. The charge against the accused appellant was that on 9.1.1980 at 7 P.M., he burnt his wife Mst.Kesar by pouring Kerosene on her, as he was having illicit relations with her `jethani'. The report of this incident was lodged at the Police Station, Hamirwas by Mst.Kesar alongwith Pitha Ram. It is stated that the incident was seen by Pitha Ram, Ganga Ram and Bhagwana Ram and allegations were against appellant as well as two others. Upon this report, the police registered a case u/ss.336, 307, 342 read with Sec.114 IPC and commenced investigation. After investigation, the challan was filed before the court of magistrate, who committed the case to the court of Sessions Judge. After hearing the arguments on charge, learned Sessions Judge framed charges against three accused including the appellant. The prosecution examined 12 witnesses. The statements of the accused u/s.313 CrPC were recorded. No defence was led. After hearing the arguments, learned trial Judge convicted and sentenced the accused appellant as above. I have heard learned counsel for the appellant and the learned Public Prosecutor. -3- While drawing the attention of the Court towards F.I.R., Ex.P.3, learned counsel for the appellant has submitted that it is a concocted case of pouring Kerosene on the body of Mst.Kesar, as all the eye witnesses of the case viz; Ganga Ram (PW 2), Pitha Ram (PW 3) and Bhagwana Ram (PW 4) have turned hostile. The only testimony on the basis of which conviction has been recorded against the accused is of P.W.1 Kesar, who has totally narrated a false story about pouring kerosene on her `Odhna' and setting the same on fire. In this connection, he has drawn my attention towards site plan Ex.P.2 and site inspection memo Ex.P.13, where it is clearly stated that there were no marks of kerosene oil on `Odhna', which is said to have been produced vide Ex.P.3 in which it is stated that there was a smell of kerosene oil in it. That itself falsifies the case of the prosecution on account of the fact that this `Odhna' has been produced on 10.1.1980, while the incident is of 9.1.1980 i.e. one day prior to it. Had there been any smell of kerosene oil, it could not have remained for such a long interval. Learned trial Judge has recorded the conviction merely on the basis of surmises and conjectures, which cannot be sustained in the eye of law. Moreso, there is no burn injury on her body. -4- Consequently, this appeal is allowed. The judgment of the learned Sessions Judge, Churu vide his judgment dt.24.9.1986 convicting appellant Udai Ram for the offence u/s.307 IPC is set aside and he is acquitted of the charge. He is on bail. His bail bonds stand cancelled. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS