JHAM SINGH PAWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 29 th June, 2000, passed by First Additional Sessions Judge, Seoni in Sessions Trial No. 119/99, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) In short, the prosecution case is that appellant developed affairs with Koushalyabai, a married woman, who was residing in village Nandora. Her husband and son had gone to Nagpur to earn livelihood. On 28.5.1999, at about 9 P.M., when appellant went to the house of Koushalyabai, she insisted him to keep her as his woman. When appellant did not agree for the same, there occurred an altercation, during which, he kicked Koushalyabai and after pouring kerosene set her on fire by burning matchstick. But, immediately thereafter he tried to save her by extinguishing the fire. On her shouting, Lakkhu (PW2), Shankerlal (PW5), Shivlal (PW7) and Rajkumar (PW1) also reached there and extinguished the fire. They carried her in a jeep to Police Station Barghat, where, in the night of 29.5.1999, at about 2.25 A.M., she lodged the report Ex. P/14.

(3.) Sub Inspector G.R.Singh (PW14) after recording the report sent Koushalyabai to Community Health Centre, Barghat. At Barghat, Naib Tahsildar S.L.Choudhary (PW8) recorded her dying declaration Ex.P/9. She was referred to District Hospital, Seoni for further treatment. Dr. R.K.Sharma (PW12) examined her injuries and vide her M.L.C. report Ex. P/12 found 40% burn injuries on her body. She was admitted in female surgical ward. In the course of treatment, on 8.7.1999, Koushalyabai succumbed to her injuries. Dr. Abdul Hamid Qureshi (PW11) sent intimation about her death to Police Station, Seoni.