JUDGMENT :

Farjand Ali, J.

The appellant has preferred the instant appeal under Section 374 of the CrPC being aggrieved of the judgment dated 24.09.2021 passed by the learned Additional Sessions Judge, Begun, District Chittorgarh in Sessions Case No.91/2021, whereby he has been convicted for the offence under Section 307 of the IPC and sentenced to undergo simple imprisonment of 6 years along with a fine of Rs.10,000/- and in default of payment of fine, further to undergo 6 months' simple imprisonment.

2. Briefly stated, facts relevant and essential for disposal of the case are that on 19.05.2017, a Parcha Bayan of complainant Smt. Fori Salvi was recorded at the Sanwaliya Ji Hospital, Chittorgarh to the effect that her marriage was earlier solemnized with one Dinesh Salvi about 10 years ago, but later on they got separated as per social customs and she was living at her parental house at Muroli. Around 3 years prior to the incident, her Nata marriage was solemnized with the present appellant Udailal Salvi, resident of Kherpura and since then she was residing at her matrimonial home. A male child named Vikas aged 2 years was begotten from this marriage. On the day of recording the Parcha Bayan, in the morning at about 09.30-10 am. she and her husband were at home. She wore a transparent stole. Her husband forbade her to wear such stole, upon which she wore another stole. Her husband poured on her kerosene lying in a half filled 5 liter container and set fire. On hearing her cries, her sister-in-law Mangi Bai came there and doused the fire. Her brother-in-law (sister's husband) Kalu also came and put out fire. She was taken to Parsoli Hospital, from where she was referred to Chittorgarh, where she was admitted in Trauma Ward. It was also stated that on that day, Gangoj ceremony was going on in their family at the house of Banshilal and Mandanlal.

3. On the basis of aforesaid Parcha Bayan, FIR No.66/2017 was registered at the Police Station Parsoli and investigation was commenced. During the course of investigation, spot documents were prepared, burnt clothes of the victim were recovered, statements of the witnesses were recorded, the accused was arrested and after completion of the investigation, a charge-sheet for the offences under Sections 498A and 307 of the IPC was submitted against the appellant.

4. The learned trial court framed charges against the appellant for the offences under Sections 498A and 307 of the IPC and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 16 witnesses were examined and 23 documents were exhibited. Thereafter, an explanation was sought from the accused-appellant under Section 313 Cr.P.C., in which he denied the prosecution allegations and claimed that the witnesses have given false statements due to grudge. He stated that he was not the perpetrator of the occurrence, rather the victim Fori herself poured kerosene on her person and set fire and he tried to save her, due to which he received burns on his hands. 2 documents were exhibited in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial Judge convicted and sentenced the appellant in the manner stated above vide judgment dated 24.09.2021, which is under assail before this court in the instant appeal.

5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the case due to some grudge. It was the victim, who set herself on fire after pouring kerosene and the appellant tried to save her and in this process received burns on his hands, which is evident from his injury report