GOPAL BHARTI Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant Gopal Bharti was tried by the trial Court for offence punishable under Sec. 302 of the Penal Code and after full trial, he was convicted and sentenced for said offence with imprisonment for life and fine of Rs. 1,000.00, and in the event of not making payment of fine to further undergo RI for two months, by the Sessions Judge, Raipur in S.T.No. 169/1998 vide judgment of conviction and order of sentence dated 18-9-1998, against which the appellant had preferred appeal under Sec. 374(2) of the CrPC. During the pendency of appeal, he died on 29-8-2010 and Smt. Kaushalya Bharti filed an application under Sec. 394(2) of the Crimial P.C. claiming to be the wife of Gopal Bharti which was allowed and she was permitted to prosecute the appeal. This is how the appeal is before us.

(2.) Case of the prosecution, in brief, is that on 5-3-1998 at about 6 p.m., the appellant came to his house in drunken state and thereafter, at 7.30 p.m. he again drank and asked his wife - deceased Jamuna Bai about Rs.150.00 which was kept in his pocket to which deceased Jamuna Bai expressed her ignorance by which accused Gopal Bharti became unhappy and assaulted deceased Jamuna Bai by hands and fists and thereafter, Gopal Bharti poured kerosene oil on her body and set her ablaze. It is further case of the prosecution that on hearing the sounds of Jamuna Bai, her son Sagar (PW-6) and the appellant himself tried to extinguish the fire by putting blanket upon her and by pouring water on her body but she suffered 95% burn injuries. She was taken to the hospital. Son of the deceased and the appellant - Sagar (PW-6) informed about the incident to Sirpati (PW-7), his grand-father (dada), and they went to Police Station Kotwali, Raipur and lodged FIR Ex.P-8. Jamuna Bai was admitted in Medical College Hospital, Raipur on 5-3-1998 and she was found to have sustained 95% burn injuries vide Ex.P-10. Jamuna Bai died in Medical College Hospital, Raipur on 8-3-1998. Information about death was given to the police by Wardboy Damu Kumar (PW-12). Upon said information, merg was registered vide Ex.P-4 by Police Station Moudhapara. Panchnama of dead body was thereafter, prepared vide Ex.P-2 and offence punishable under Sec. 302 of the Penal Code was registered against the appellant. Postmortem was conducted by Dr. Sanjay Kumar Dadu (PW-5) vide his postmortem report Ex.P-7. The jurisdictional police after investigation, filed charge-sheet before the jurisdictional criminal court. The case was thereafter, committed to the Court of Sessions and the appellant was tried for the offence punishable under Sec. 302 of the IPC.

(3.) The prosecution examined 14 witnesses in support of its case and exhibited documents Exs.P-1 to P-12 to bring home the offence. The appellant abjured the guilt and entered into defence by stating that he has not committed any offence and he has been falsely implicated and proved document Ex.D-1 but no witness was examined. The incriminating evidence brought by the prosecution was put to the appellant which he denied.