BABU Vs. STATE

JUDGEMENT

(1.) Babu is convicted for the offence of murder of his wife Gunjan and directed to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo Simple Imprisonment for a period of one year.

(2.) Learned counsel for the appellant contends that the deposition of Master Pushkar, son of Babu and the deceased cannot be relied upon being tutored as his statement under Section 161 Cr.P.C. was recorded after three months of the incident during which period he was staying with his maternal grandparents. Even the dying declaration of the deceased was recorded belatedly after her parents had arrived and is thus a tutored version. There is no allegation that Babu ever demanded dowry or misbehaved with the deceased on that count. As per the FSL report no kerosene was found in the scalp hair which probablises the defence version that the deceased died due to the spilling over of the oil on the body while boiling the milk for the children. Babu was not even present at the time of incident as deposed by DW-1. Thus no case is made out for conviction of the appellant hence he be acquitted.

(3.) The explanation of the appellant in his statement under Section 313 Cr.P.C is as under: -