AKBAR HUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 5.7.1996 passed by Additional Sessions Judge, Burhanpur in S.T.No.56/1995, whereby the appellant was convicted for offence punishable under section 306 of IPC and sentenced to Rigorous Imprisonment for 5 years with fine of Rs.1,000/-. In default of payment of fine, he was to undergo for 3 months Rigorous imprisonment in addition to the jail sentence.

(2.) Prosecution's case, in short, is that, on 13.4.1994, at about 2.45 p.m., the deceased Jamana Bai set herself on fire. She was admitted in hospital in a serious condition. Executive Magistrate/Naib Tahsildar Shri T.R.Verma (P.W.10) had recorded her dying declaration, Ex.P/14, in which she had stated that the appellant was harassing her in last 15 days unnecessarily. The appellant threatened her that he would throw her out from Burhanpur. After sometime, Jamana Bai expired. Dr. Rajesh Jain (P.W.1) did post-mortem on her body with help of Dr. Nanawati and gave report, Ex.P/2. After due investigation, police had submitted the charge-sheet before concerned Magistrate, which was duly committed to the Sessions Court.

(3.) The appellant abjured his guilt. He took a plea that he was not threatening the deceased in any manner and therefore, he was not responsible for her death. No defence evidence was adduced from the side of the appellant.