RAVI GONTIA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 22.10.2002 passed by I Additional Sessions Judge, Katni in Sessions Trial No.105/2001 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.1000/-. In default of payment of fine, further rigorous imprisonment for three months.

(2.) In short, the prosecution case is that appellant was married to Laxmi Bai in the year 1991. After marriage appellant used to harass Laxmi Bai for not meeting the demand of a motorcycle. Whenever she went to her parents house, she made complaint in this regard. Since 1997 till 1999 she lived at her parents' house. Though a Luna moped was given to appellant by the father of Laxmi Bai, but he was not satisfied. He, however, took Laxmi Bai with him. It is said that on 28.12.2000 at about 2:00 p.m. he poured kerosene over Laxmi Bai and set fire to her. He thereafter carried Laxmi Bai to Government Hospital, Katni where her injuries were examined by Dr. T.N.Khare (PW-4), who vide his MLC report Ex.P/4 found 36% of burn injuries.

(3.) Dr.T.N.Khare (PW-4) sent an intimation to police station, Katni about bringing of Laxmi Bai in burn condition. On the requisition of police, Naib Tehsildar/Executive Magistrate R.R.Pandey (PW-5) went to hospital and after obtaining certificate from the doctor about the fitness of injured, recorded dying declaration Ex.P/5 of Laxmi Bai wherein she disclosed that her husband i.e. appellant set fire to her. Her parents and brother also met her in the hospital, to whom also she informed the same thing. On the basis of aforesaid dying declaration, police Madhav Nagar registered a case against the appellant under section 307 I.P.C. vide First Information Report Ex.P/13.