JUDGMENT

A. K. PATNAIK, J.

1. This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 10.04.2003 of the Division Bench of the Rajasthan High Court, Jaipur Bench, in D.B. Criminal Appeal No. 660 of 1998.

Facts:

2. The facts very briefly are that on 05.03.1997 Sudesh, wife of Gopal, was admitted at Bed No. 19 in Female Surgical Ward of General Hospital, Dholpur, because of burns and she gave a statement to the police that she was married to Gopal for about 10-12 years and she did not have any dispute with her mother-in-law, father-in-law, elder brother-in-law and younger brother-in-law and they had never harassed her. She, however, stated that Santosh, son of her uncle-in-law, used to frequently irritate her by joking with her and between 11.30 a.m. to 12.00 Noon he came to her and took her inside a room holding her hand and said that he will not leave her alive. In her statement, she also stated that Santosh had a kerosene oil can in his hand and he poured the kerosene on her by lifting the container and ignited fire to her saree with a matchbox and when she shouted, her mother-in-law and her younger sister, Suman, who was married to h