(1.) The Court is convened through Video Conferencing. The present Criminal Appeal, by way of Special Leave arises out of the impugned judgment dated 22.03.2010 passed by the High Court of Madhya Pradesh, at Gwalior, whereby the High Court partly allowed the appeal of the respondent thereby acquitting him of the charge under Section 302, IPC while sustaining his conviction under Section 498A, IPC and sentence of
(2.) years rigorous imprisonment thereunder. 2. A conspectus of the facts necessary for the disposal of the present appeal are as follows: the respondent, after marrying the deceased, was allegedly cruel towards her and used to hit her and demand dowry. On 29.03.2003, the respondent allegedly hit the deceased, poured kerosene on her and set her on fire. On hearing her screams, the neighbours and relatives arrived and helped the respondent douse the flames. She was taken to the hospital and subsequently passed away on 09.04.2003.
(3.) The Trial Court acquitted the respondent of the charge under Section 304B, IPC but convicted him for the offences under Sections 302 and 498A, IPC. He was sentenced to life imprisonment and 2 years rigorous imprisonment respectively. Aggrieved by the judgment of the Trial Court, the respondent filed an appeal before the High Court. As already stated above, the High Court vide the impugned judgment partly allowed his appealacquitting him under Section 302, IPC but sustaining his conviction and sentence under Section 498A, IPC.