BHUPENDRA SINGH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 25.4.2001, passed by II Additional Sessions Judge, Sidhi, in Sessions Trial No.38/2000, convicting him under Section 302 of the Indian Penal Code for committing murder of his wife Anita and sentencing him to imprisonment for life with fine of Rs.5000/-. In default of payment of fine, further rigorous imprisonment for three years.

(2.) It is undisputed that deceased Anita was the wife of appellant. She was married to him on 2.7.1993. On 17.11.1999, Anita died of burn injuries. She had a son Naman @ Umang, who was about 5 years of age at the time of occurrence, which took place on 17.11.1999.

(3.) Prosecution case, in short, is that appellant was a veterinary doctor. He was a drinker. He used to maltreat Anita. In the night intervening between 17th and 18th of November 1999, at about 11.00 p.m., appellant came to his house after taking dinner at his friend's house. He was drunk. When Anita asked him for dinner, on his saying that he already had dinner in his friend's house, there ensued an altercation and quarrel, during which, appellant assaulted Anita. Due to noise, their son Naman woke up. It is said that after beating Anita by fists and a stick, appellant sprinkled kerosene on her and set her to fire. Naman went out of the house and informed neighbour Smt. Parwati Mishra (PW-4) that his father ignited his mother. Parwati Mishra informed her husband Shiv Shanker Mishra on telephone, who, at that time, was at the house of Rampal Tiwari, Advocate. Thereafter, Shiv Shanker Mishra (PW-3), Sunder Singh (PW-5) and some other persons rushed to the house of appellant. It is said that there was smoke in the house of accused. Light of the house was off and appellant was hurling abuses. Sunder Singh Baghel and other persons went inside the house, switched on the light and removed a quilt and a blanket lying over the body of Anita, who was already dead. Sunder Singh (PW-5) went to Police Station, Sidhi, and gave information to police about the occurrence. On his report, Murg intimation (Ex.P/4) was recorded.