OM PRAKASH CHATURVEDI Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 24.4.2002 passed by the learned 4th Additional Sessions Judge, Gwalior in Sessions Trial No. 527/2001, convicting appellant under Section 302 IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 500/-, in default, further R1 of 3 months, this appeal has been preferred by appellant under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that the then Station Officer Incharge of Police Station Madhoganj namely S.P. Singh received an information at near about 7 pm that in the house of appellant located at Apaganj fire flames are coming out. This information was received on telephone, as a result of which, Station Officer Incharge arrived at the spot and found that from one room of the ground floor of appellant's house smoke was coming out and several persons were assembled near the house. That room was caught by fire and it was found to be bolted from inside. A panchnama of breaking the door was prepared and thereafter investigating agency entered inside the room and they found that the appellant was lying at the door and have sustained burn injuries, while his wife Smt. Radha (hererinafter referred to as the 'deceased') was lying dead in burnt condition. The appellant who was seriously injured and having burn injuries was sent to the hospital immediately. Thereafter on the report of Mullo Bai (PW/6) who is mother-in-law of the deceased a Marg intimation was registered on the basis of which Dehati Nalishi was also registered.

(3.) After the investigation was over, a chargesheet was submitted in the committal Court alleging that appellant has committed the offence under Sections 306/201 and 304-B IPC. The learned committal Court committed the case to the Court of Session and from where it was received by the Trial Court for the trial.