AMIT Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) This Criminal Appeal has been field by Amit Bhagirath Mishra, who is the victim within the meaning of Section 372, Criminal Procedure Code. His mother Nirmalabai had a long-standing dispute with the accused Jagdambaprasad over a share in the property.

(2.) On 14th December, 2004 at about 11.00 a.m., when Nirmalabai was at home and was sweeping her premises, the accused Jagadambaprasad arrived, asked her not to sweep and to pay him Rs.1,000/- or to vacate the premises. Then he locked the latrine and bathroom, had a quarrel with Nirmalabai, went back to his house, brought a can of kerosene, poured it on her person and set her on fire. As a result, Nirmalabai died. Investigation was taken up. Charge-sheet was filed and accused Jagadambaprasad son of Parmanand Mishra was put on trial before the Sessions Judge. The Additional Sessions Judge, Akola, ultimately passed the Judgment and Order of acquittal of accused Jagadambaprasad Mishra of the offence of murder under Section 302, Indian Penal Code. Hence this appeal has been filed by the victim.

(3.) Mr. A.S. Mardikar, learned Senior Adv., for the Appellant, submitted as under:-