JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jodhpur, directing acquittal of the respondents, who were found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) by the Learned Additional Sessions Judge, Sojat, Shivir.

2. Background facts in a nutshell are as follows;

Smt. Sugra was wife of accused Yusuf, who was married with her 20 years ago. Smt. Sugra was blessed with two daughters; one was 12 years old and other was 5 years old. At about 1 O’ clock on 25.2.1986 Smt. Sugra was thinking to prepare lunch in the kitchen. Just then her husband accused Yusuf entered in the house and asked her to get out of house. Smt. Sugra told him that she will leave only after a lapse of three months. On this Smt. Sugra’s husband said that he would bring another wife, and Yusuf poured a bottle of Kerosene Oil on her and lit the fire. She rushed out of the house, then the daughter in law of Mahmood Khan and Farid Khan came out and threw a bucket of water on her. The Accused ran away through the crops of mustard. Head Constable Vijay Kumar and Constable Prabhu Singh of Ja