PRAKASH WAGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 27th March, 2001 passed by Sessions Judge, Bhopal in Sessions Trial No. 358/2000, convicting the Appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 500/-. In default of payment of fine, further imprisonment for one month.

(2.) In short, the prosecution case is that Nanda Bai, the deceased, was married to accused/Appellant about 9-10 months before the occurrence which took place on 13-7-2000. In the night of 13-7-2000, Nanda Bai suffered severe burn injuries in her house. She was taken to Hamidia Hospital, Bhopal, where, on her report Dehati Nalishi (Exh. P-8) was recorded by the police. Her dying declaration (Exh. P-10) was also recorded by Dr. R.S. Raikwar. In both the aforesaid statements, Nanda Bai disclosed that when she insisted accused to not to consume liquor, he poured kerosene and set fire to her. During treatment, on the same day, she died. After inquest proceedings, her dead body was sent for post-mortem examination. Dr. V.K. Athwal (P.W. 6), Assistant Professor of Gandhi Medical College, Bhopal performed the post-mortem examination of the body and found that deceased died due to 95% burn injuries. Post-mortem report is Exh. P-12.

(3.) After investigation, charge-sheet was filed and the case was committed for trial. According to accused, he did not commit the offence. At the time of occurrence, he was strolling outside his house and deceased was cooking inside the house. While cooking, deceased got burnt. He extinguished the fire and took her to hospital. Trial Court relying on the evidence of dying declaration (Exh. P-10) recorded by Dr. R.S. Raikwar (P.W. 10), evidence of Dehati Nalishi (Exh. P-8) recorded by Sub Inspector S.K. Verma (P.W. 4) and the medical evidence of Dr. V.K. Athwal (P.W. 6) held the accused guilty and convicted and sentenced him under Section 302 of the Indian Penal Code.