VINOD SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 30.6.1997 passed by Seventh Additional Sessions Judge, Bilaspur in S.T. No. 153/96 convicting the accused/appellant under Section 306 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and to pay fine of Rs. 3,000 in default of payment of fine to further undergo rigorous imprisonment for one year. In the present case, deceased is Rameshwari, wife of appellant and their marriage was solemnized two years prior to the date of incident i.e. 8.8.1995. It is alleged that on 8.8.1995 deceased set herself a blazed in her matrimonial house after pouring kerosene oil on her. She was immediately shifted to hospital and from there memo Ex. P/3 was sent to concerned police station on the same day. Dying declaration of the deceased Ex. P-5 was recorded on 8.8.1995 by Additional Tahsildar Arjun Singh Sisodiya (PW-18). Deceased died on 9.8.1995, post mortem was performed on the same day vide Ex. P-4 by Dr. Arvind Sriukla (PW-7). Merge intimation Ex. P-20 was recorded on 9.8.1995 whereas Dehati Nalishi Ex. P-7 was recorded on 12.8.1995. Based on the Dehati Nalishi and merge inquiry on 13.8.1995, FIR (Ex. P-8) was registered against the accused/appellant and acquitted accused persons namely Sahant Singh and Smt. Ramkali under Sections 306/34, IPC. After investigation, charge sheet was filed against all the three accused persons under Section 306/34, IPC on 4.11.1995 and charges were also framed under the aforesaid section.

(2.) So as to prove the guilt of the accused persons, prosecution has examined 18 witnesses. Statement of the accused persons were also recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. One defence witness namely Nandu Singh has also been examined.

(3.) After hearing Counsel for the parties, the Trial Court has acquitted the other co-accused persons namely Sahant Singh and Smt. Ram Kali (father-in-law and mother-in-law of the deceased) for the said offence but has convicted the present appellant and sentenced as mentioned above. Hence this appeal.