Mohammad Rafiq, J.

This appeal has been preferred by Chhotu S/o Pema Mehrat against the judgement dated 13.8.2008 passed by Additional Sessions Judge (Fast Track) No.1, Beawar in Sessions Case No.07/2007, whereby he has been convicted for offence u/s.302 IPC and sentenced to life imprisonment with fine of Rs.5,000 and in default of payment of fine, he was to further undergo rigorous imprisonment of six months.

The facts of the case are that on 22.10.2006 a parcha bayan of Smt. Pintu @ Surma W/o Koopa Mehrat came to be recorded at Amrit Kaur Hospital, Beawar in which she has alleged that her marriage was solemnized with Koopa S/o Lakha Mehrat three years ago and she had no child. It was further alleged that about one month before, her mother carried her to her parental place at Village Sugra Pakhariyawas and since then she was there.

On 22.10.2006 at about 11.00 O'clock her elder sister Farida and her husband Chhotu S/o Prem Mehrat R/o Naharkheda started quarreling. Chhotu was beating her sister (Farida). She came to rescue and sent Farida outside. Chhotu asked her why his wife Farida was sent out. He brought a container of kerosene from a room and poured the same upon her and when she was going to tie goats, Chhotu threw a match stick on her and her clothes caught fire. Her sister Farida threw water upon her. Some persons came at the place of incident. It was alleged that some parts of her body were burnt and Chhotu with an intention to kill her, has poured the kerosene oil upon her and lit the fire. She was taken to hospital by Murad S/o Bhoma Mehrat and Smt. Badami W/o Uda Mehrat on motorcycle. On the basis of above parcha bayan, Police Station Beawar Sadar registered the FIR bearing No.391/2006 against the accused-appellant for the offence u/s.307 IPC. Thereafter, on 24.12.2006, one Bana S/o Gulab Mehrat R/o Pakhariyawas submitted a written report before the Police Station Beawar Sadar alleging therein that his daughter Smt. Pintu @ Surma W/o Koopa Mehrat aged about 20 years was put to fire by his son in law Chhotu S/o Pema Mehrat by pouring kerosene oil on her with an intention to kill her. She was got admitted in A.K. Hospital on 22.10.2006. On 28.11.2006, she was discharged from the hospital and in the night of 24.12.2006 at about 2.00 AM, she died. On the basis of above report, the Investigating Officer added Section 302 IPC and after investigation filed charge sheet against the accused-appellant for offence u/s.302 IPC. On the basis of material and evidence collected by the Investigating Officer during investigation, the learned trial court framed charges against the accused-appellant for offence u/s.302 IPC. He denied the charges, pleaded not guilty and claimed to be tried. The prosecution got examined as many as 25 witnesses and exhibited 22 documents. Defence did not examine any witness and exhibited two documents. The statement of accused-appellant came to be recorded u/s.313 Cr.P.C. in which he pleaded that deceased herself committed suicide. In his defence, he did not produce any evidence. The learned trial court after recording evidence and hearing both the parties but without properly considering the fact and circumstances of the case and the material available on record as well as the law applicable, convicted and sentenced the accused-appellant vide impugned judgment dated 13.8.2008 in the manner as indicated above.

Shri J.P. Gupta, learned counsel for the accused-appellant has argued that Farida (PW1) is not the eyewitness of the alleged incident. In her cross examination, she has admitted this fact that she was standing on the Pakhariyawas Circle which is 1-1½ km away from the place of incident and when her sister was being carried by one Murad on motorcycle, she saw them at Pakhariyawas Circle but she did not tell her anything. Therefore, it clearly shows that Farida (PW1) is not the eyewitness of the alleged incident, even though the learned trial court has held her to be the eyewitness of the incid