SAMPATLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure has been directed against the judgment of conviction and order of sentence dated 14.01.1999 passed by the Special Judge (Atrocities) Bilaspur in Sessions trial No. 61/ 1997 whereby the Appellant was convicted for committing murder of his wife Smt. Sunita @ Kuntibai, punishable under Section 302 IPC and was sentenced to imprisonment for life.

(2.) Admittedly, deceased Sunita @ Kuntibai was the second wife of the Appellant. He along with his wife was living in a rented house of Phoolbai. On the date of incident, both husband and wife were slept in their room.

(3.) Prosecution case in brief is that in the intervening night of 7th and 8th of August 1996, at about 11 pm, Appellant pouring kerosene oil on his wife Sunita @ Kuntibai, set her ablazed and thereafter fled away from the spot. Sunita @ Kuntibai in burning condition, up-roared and rushed outside the room. Witness Phoolbai tried to extinguish the fire with the help of a blanket. Sunita @ Kuntibai was taken to the hospital. An intimation report of burn case from Primary Health Center Belgahana was sent to Police. The police made entry of the same in Roz-namcha sanha and thereafter Head Constable Dayaram Sharma went to the hospital to enquire the case. He got the statement of injured recorded by Medical Officer Dr (Ms) AN Khalkho. From her statement, it was revealed that she was set ablazed by her husband Sampat; therefore, a case under Section 307 of the IPC was registered and investigation was started.