Consistent with this finding, the High Court acquitted the respondent.
According to the prosecution, the respondent after beating Radha, poured kerosene on her and then set her on fire.
Thus, the plea taken by the respondent was of an alibi.
The trial proceeded against the respondent.
On the following day, one Chattur Bhuj, brother of the respondent went to the father of the deceased to inform him about the death of Radha.
It is on this basis the investigation proceeded further.
The companyple was staying in the matrimonial home at Bikaner.
It appears that numberinvestigation was properly done and therefore on 28.11.1982, a companyplaint was lodged by the father of the deceased alleging that Radha was killed by the respondent.
The incident in question took place during the night intervening between November 23 and 24, 1982 at the residence of the respondent.
Radha died during the same night due to extensive burn injuries on her person.
The parents of the deceased came to the village and lodged a report that Radha died in suspicious circumstances.
He returned to Bikaner only on 24.11.1982 when he received a message that his wife died because of burn injuries.
It is the case of the prosecution that the respondent was all along ill treating his wife Radha since deceased on the ground that sufficient dowry was number given to him.
The respondent aggrieved by the judgment and order of companyviction filed an appeal to the High Court.
The Division Bench of the High Court on reappraisal of the evidence did number agree with the findings recorded by the trial companyrt and held that the prosecution miserably failed to establish that the respondent companymitted the murder of Radha.
The prosecution examined many witnesses including the neighbours and the relatives of the deceased.
It is against this judgment and order of acquittal dated March 5, 1990 passed by the High Court of Rajasthan, the State has preferred this appeal.
The defence of the respondent was that he was out of town and had gone to see his ailing maternal grandmother at Deshnok.
In the post mortem examination, it was numbered that the deceased had sustained extensive burn injuries and she died because of these injuries.
The trial companyrt did number accept the plea of alibi, set up by the respondent.
Kurdukar, J. The respondent Mahavir accused was tried for an offence punishable under Section 302 IPC for causing the death of his wife Radha.
