DINESH CHANDRA SOMANI, J.

1. This criminal appeal under Section 374 of CrPC preferred by the appellant, was received by post through Jail, against the judgment of conviction and order of sentence dated 10.02.2011 passed by learned Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu in Sessions Case No. 31/2010 (47/2010), whereby the appellant has been convicted under Section 302 of IPC and sentenced to life imprisonment with a fine of Rs.5,000/- and in default of payment of fine to further undergo one years’ simple imprisonment.

2. Prosecution story in brief is that on 17.01.2010, the complainant Devkaran S/o Rameshwar Lal Meghwal submitted a written report (Ex.P-4) to SHO, Police Station Mandawa stating therein that his sister Manju Devi was married with Shyopal S/o of Gheesa Ram, by caste Balai, Ward No. 17, Mandawa. He got telephonic information that death of his sister Manju Devi has occurred by burns. Thereafter, he informed his family members and went to the spot, with some persons. He saw there that his sister was completely burnt and her death took place on the spot. Thereafter, they did not allow her funeral and discussed the matter for inquiry. Thereafter, we are submitting this application to you with request to inquire into the matter. It is pertinent to mention that her husband Shyopal came to home before two days from abroad and thereafter, this incident took place. His bahnoi (brother-in-law) Shyopal gave beating several times to his sister Smt. Manju Devi. In the night of 16.01.2010, his bahnoi (brother-in-law) Shyopal burnt his sister Manju Devi to death. So please take legal action against Shyopal.

3. On the basis of above written report, FIR No. 4/2010 was registered at Police Station Mandawa, District Jhunjhunu for offence under Section 302 of IPC and investigation commenced. After completion of investigation, the police filed charge-sheet against the accused/appellant under Section 302 of IPC in the Court of Judicial Magistrate, Jhunjhunu who committed the case to the Sessions Judge, Jhunjhunu and thereafter, the case was transferred to Additional Sessions Judge, (Fast Track) No. 2, Jhunjhunu.

4. The learned Trial court framed charge under Section 302 of IPC against the accused/ appellant. Charge was read over and explained to the accused/appellant who pleaded not guilty and sought to be tried.

5. In order to support it’s case, prosecution examined 14 witnesses and exhibited 26 documents.

6. Thereafter, learned Trial court put oral evidence of the prosecution witnesses and documentary evidence produced by the prosecution, to the accused/appellant under Section 313 of CrPC. In reply to the prosecution evidence, the accused/appellant stated that he came from abroad on 15.01.2010. On 16.01.2010 at about 3.00 PM, he went to market of Mandawa to meet with his friends, where he got information about burning of his wife, then he immediately rushed to his house. The appellant also stated that he loved his wife (Manju) very much. Manju died due to fire of hearth while preparing food, he did not set her on fire. The appellant further stated that his in-laws have falsely implicated him due to enmity. The accused/appellant did not produce any witness in defence.

7. After completion of trial, the learned Trial court convicted the appellant for the offence under Section 302 of IPC and sentenced him as indicated hereinabove.

8. Being aggrieved with the judgment of conviction and order of sentence awarded by the learned Trial court, the accused/appellant has preferred this appeal through Superintendent of Central Jail, Jaipur, against the impugned judgment dated 10.02.2011.

9. As the present appeal was received by post, Mr. Anurag Sharma was appointed as Amicus Curiae, but later on Mr. Deepak Soni, advocate filed Vakalatnama for the appellant.

10. Mr. Deepak Soni, learned counsel for the accused/appellant submitted that the prosecution has come out with a case that the deceased Manju Devi was married with the appellan