Judgment

Kurdukar, J. - The respondent - Mahavir (accused) was tried for an offence punishable under Section 302 IPC for causing the death of his wife - Radha. The couple was staying in the matrimonial home at Bikaner. It is the case of the prosecution that the respondent was all along ill-treating his wife Radha since deceased on the ground that sufficient dowry was not given to him.

2. The incident in question took place during the night intervening between November 23 and 24, 1982 at the residence of the respondent. According to the prosecution, the respondent after beating Radha, poured kerosene on her and then set her on fire. Radha died during the same night due to extensive burn injuries on her person.

3. On the following day, one Chattur Bhuj, brother of the respondent went to the father of the deceased to inform him about the death of Radha.

4. The parents of the deceased came to the village and lodged a report that Radha died in suspicious circumstances. It appears that no inves­tigation was properly done and therefore on 28.11.1982, a complaint was lodged by the father of the deceased alleging that Radha was killed by the respondent. It is on this basis the investigation pro