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2023 Supreme(Raj) 693

PANKAJ BHANDARI, BHUWAN GOYAL
State of Rajasthan – Appellant
Versus
Shiv Narain @ Guddu Yadav S/o Sanwaliya – Respondent


Advocates Appeared:
For the Appellant : Javed Choudhary.
For the Respondent: P.R.S. Rajawat.

JUDGMENT :

BHUWAN GOYAL, J.

1. The appellant-State has preferred this D.B. Criminal Appeal, aggrieved by the judgment dated 20.07.2002 passed by learned Additional District & Sessions Judge, No. 4, Kota, whereby accused-respondent was acquitted of offence under Section 302 IPC.

2. The brief facts of the case are that on 05.06.2001, Smt. Hema gave Parcha Bayan (Ex.P/19) to the Police alleging therein that she solemnized marriage with the accused-respondent four years ago. She also stated that her husband was in the habit of consuming liquor. She further stated that in the night of 04.06.2001 at about 10:30 P.M. her husband was consuming the liquor. When she stopped him from consuming the liquor, her husband became angry. He poured kerosene on her body and set her on fire. The gate of the room was closed from inside and after setting her on fire, her husband ran away from the backside gate. After setting her on fire, when she shouted, her neighbours Ramphool, Prahlad and other men and women of the locality came there, who broken the gate and poured water to douse the fire. Thereafter, the police has reached there and got her admitted in the hospital. She further stated that her husband

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