PHULLIBAI Vs. STATE OF M P

JUDGEMENT

(1.) SOLE appellant, being aggrieved by her conviction for offence under Section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life passed by Ist Addl. Sessions Judge, Sidhi in Sessions Trial No. 44/89 by judgment dated 29 -6 -92, has preferred this appeal.

(2.) IT is somewhat an unusual case. Here, the allegation against the appellant, who is wife of the deceased Udaibhan is that she poured kerosene oil on his body and set him on fire. According to the prosecution on 22 -9 -88 deceased Udaibhan was staying in his Sasural in village Semriha alongwith his wife appellant Phulli. Appellant Phulli, according to the prosecution, had illicit relations with her brother -in -law and appellant did not like his stay at Sasural. Prosecution story further is that on 22 -9 -88 appellant besides other accused persons (since acquitted) ran to assault Udaibhan and threatened him to leave the village. On the said date at 10 A.M. while Udaibhan was lying in his Sasural because he had fever, appellant poured kerosene oil and set him on fire. Sustaining the burn injury Udaibhan came out of the house and shouted for help at which witnesses came and extinguished the fire.

(3.) POLICE after usual investigation submitted charge -sheet against the appellant and she was ultimately committed to the Court of Sessions to face the trial. Appellant denied to have committed any offence and her plea was that deceased Udaibhan committed suicide and she had been falsely implicated in the case. Prosecution in support of its case had altogether examined 11 witnesses. Two defence witnesses have also been examined.