PRAKASH KUMAR MEWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (In short 'Cr.P.C') calls in question the legality, validity and propriety of judgment dtd. 30/4/1996 passed in Sessions Case No.609/1994 passed by learned Additional Sessions Judge, Sihora, whereby, the appellant is held guilty for committing offence under Sec. 302 of the IPC and is directed to undergo sentence of life imprisonment with fine of Rs.500.00 with default stipulation.

(2.) As per the prosecution story, deceased Sumanbai was a keep of appellant and was residing with the appellant. On 4/12/1993, Sumanbai was unwell. The appellant came to his house at 2 O' clock and demanded food from Sumanbai. Sumanbai told him that food is ready and he can take and serve the food on his own. The appellant got annoyed and in order to kill the deceased, poured Kerosene oil on her and set her ablaze. Sumanbai made an effort to save herself by leaving the place of incident but appellant forcibly caught hold of her because of which, certain burn injuries were caused to the appellant as well.

(3.) Because of said incident, certain portion of the body of the deceased were badly burnt. B.D.Jaishwara, Sub-Inspector, Police Chowki, Khitola received an information on telephone and in turn, reached the place of incident. He recorded the Dehati Nalishi (Ex.P/11) on the same day. Sumanbai was taken to Dr. A.K. Rai in Government Hospital, Sihora pursuant to memorandum Ex.P/2-A. Dr. Rai examined the injuries of Sumanbai and prepared his report Ex.P/2. After providing first aid to Sumanbai, she was shifted to Victoria Hospital, Jabalpur. The appellant was also medically examined and for this purpose, a memorandum Ex/P.1-A was prepared and he was sent to Government Hospital, Sihora. Dr. A.K. Rai, examined the injuries of deceased and prepared the report Ex.P/1.