PRAKASH ALIAS SHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.12.1995 passed by the Additional Sessions Judge Durg, in Sessions Trial No. 48/1995 convicting the accused/appellant under Section 304-B IPC and sentencing him to undergo rigorous imprisonment for seven years.

(2.) Facts of the case in brief are that marriage of the deceased namely Mira Bai was solemnized with the accused/appellant on 16.1.1992 at Durg and that on 27.2.1994 at about 6 p.m. she suffered 98 per cent burn injuries in her matrimonial house. Then the deceased was immediately shifted to the hospital by one Khoob Chand Sharma (PW-5) where she died on that very day at about 11.45 p.m. Merg intimation Ex. P-11 was given on 28.2.1994 by one Sudha (PW-11). Post mortem of the deceased was done by Dr. R.B. Agrawal (PW-4) vide Ex. P-4 according to whom the cause of death was shock as a result of extensive ante mortem burns. Further case of the prosecution is that a request letter dated 27.2.1994 (Ex. P-13) was written by one Ram Dulare (PW-13) to the Civil Surgeon, District Hospital, Durg mentioning in it that at the relevant time he was posted as constable in the hospital where the deceased was brought after sustaining burn injuries. According to said witness, on being asked, the deceased had told him that on account of harassment by her husband for demand of dowry, she set herself on fire after pouring kerosene oil. After merg inquiry, FIR Ex. P-12 was registered on 1.3.1994 under Section 306 IPC against the accused/appellant and on completion of investigation charge sheet was filed by the police on 25.3.1994 for the said offence. However, the Court below framed the charge against the appellant under Section 304-B IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 13 witnesses in support of its case. Statement of the accused /appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. Defence has also examined two witnesses namely Dr. V.K. Sao (DW-1) and Asha (DW-2) in support of its case.