PAWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has preferred this appeal under Section 374 (2) of Cr.P.C. feeling aggrieved by the judgment dated 14.7.2010 passed by Additional Session Judge (Special Judge) Electricity Act No. 7, Indore whereby the appellant has been convicted for the offence punishable under Section 302 of I.P.C. and sentenced to life imprisonment and fine of Rs. 1,000/-, in default further Rigorous Imprisonment of three months.

(2.) Brief facts of the case is that at 10.30 p.m on 23.3.2008, Chandabai wife of the appellant-Pawan got fired at her residence situated at Goma Ki Phel, Malwa Mill, Indore. She was brought to the M.Y. Hospital, Indore for treatment, where on 24.3.2008 Executive Magistrate Mr. Alok Pare recorded her dying declaration (Ex. P/21) in which she deposed that her mother-in-law Kamla Bai, Father-in-law Ramprasad, brother-in-law Shekhar and Satish instigated her husband Pawan to kill her saying that they will solemnize his second marriage. Therefore, her husband Pawan after sprinkling kerosene on her, lit the fire, because of this she sustained burn injuries. She further stated that her husband wanted to re-marry, therefore, he committed the said act. On the basis of the aforesaid dying declaration, police registered the FIR bearing crime No. 300/2008 against the accused person for the offence under Sections 498-A and 304-B/34 of I.P.C at Police Station-Tukoganj. Police visited the spot and prepared spot map Ex.P/23.

(3.) The deceased scummed to the burn injuries on 26.3.2008. On receiving the information regarding the unnatural death of the deceased Chandabai merg No. 05/2008 under Section 174 of Cr.P.C. was registered at Police Station Tukoganj, Indore. During the merg enquiry, police prepared lash panchnama of the deceased and her body was sent for postmortem. The statements of the parents of the deceased and other witnesses were recorded in which they stated that the appellant and his family members were torturing and harassing the deceased for dowry demand. Thereafter, police also added offence under Sections 108,109 and 302 of I.P.C. Police seized the marriage card of the deceased and according to which her marriage was solemnized with appellant- Pawan on 13.12.2006. Police also seized various article and sent them to Regional Forensic Laboratory, Rau for chemical analysis. After completion of investigation, charge sheet was submitted in the Court of Chief Judicial Magistrate Indore, who committed the case to the Session Court, ultimately it was transferred to Additional Session Judge, (Special Judge) Electricity Act No. 7 Indore.