ASHOK KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred by appellant being aggrieved by judgment dated 30.11.1995 passed by First Additional Sessions Judge, Murwara (Katni) in S.T. No. 5/88 whereby the appellant has been convicted under section 304B, 498A of IPC and sentenced to R.I. for 7 years and R.I. for 2 years & fine of Rs. 2000/- with default stipulation.

(2.) The prosecution case, in short, is that marriage of appellant Ashok Kumar was solemnized-with Rita Bai on the eve of Basant Panchmi in the year 1984. On 27.8.1987 she was admitted in Government Hospital, Katni in burnt condition. Dr. O.P.Shrivastava admitted her and sent a report (Ex.P-4) to the Police Station. During the treatment, she succumbed to the burn injuries. Investigating Officer Surendra Singh (PW-17) prepared Panchnama (Ex.P-17), dead body of deceased was sent for post mortem. Two stoves, a lamp, burnt pieces of Saree, Mangalsutra and match box were seized from the Kitchen, seizure memo (Ex.P-18) was prepared.

(3.) Technical Officer Dr. Subhash Pathak (P W-7) inspected the spot and prepared report (Ex.P-10). Dr. A.S.Thakur (PW-13) performed autopsy and opined that she died by shock due to extensive burn injuries (98%). He prepared post mortem report (Ex.P-8).