ASHISH CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant/accused has filed this appeal u/s 374(2) of The Code of Criminal Procedure (hereinafter referred to as CrPC), being aggrieved by the judgment dtd. 26/02/2011, passed in Session Trial no. 254/2008 by the learned third Additional Sessions Judge Satna, whereby the appellant has been convicted under Sec. (hereinafter referred to as u/s) 302 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo life imprisonment and fine of Rs.500.00 with default stipulation of additional rigorous imprisonment of 3 months and has also been convicted for the offence u/s 498(A) of the IPC and sentenced to rigorous imprisonment for a period of 2 years and fine of Rs.500.00 with default stipulation of additional rigorous imprisonment for 3 months.

(2.) It is admitted fact that marriage of deceased Ashwini Chaturvedi alias Sandhya was solemnized with accused Ashish Chaturvedi approximately 10 years prior to the occurrence of incident. After marriage one daughter (Shivanshi 5 years) and one son (Krishna Kant 3 years) were born from their wedlock. It is an undisputed fact that deceased Ashwini Chaturvedi alias Sandhya has died due to burn injuries.

(3.) The facts necessary to be stated for disposal of instant appeal are that on 20/07/2008 at 02:20 p.m., Dr. A.K. Trivedi (PW/6) admitted deceased Ashwini Chaturvedi alias Sandhya, resident of Krishna Nagar, Satna for treatment of her being burnt and brought by her husband/accused Ashish Chaturvedi at District Hospital, Satna. He had sent information (Ex.P/12) to SHO/ Police Chowki District Hospital Satna. He also examined the victim and gave an MLC report (Ex.P/11). Looking to the serious condition of deceased Monika Chaturvedi (PW/8) (Sister-in-law of deceased) took her to Birla Hospital Satna. Dr. Rekha Maheshwari admitted her in the Birla Hospital and sent an information to P/S Kolgawan District Satna. On the basis of aforementioned intimation ASI G.S. Pandey (PW/5) wrote a roznamcha sanha no.1444. On the basis of request letter of ASI G.S. Pandey (PW/5), on 20/07/2008 Executive Magistrate/ Naib Tahsildar Raghuraj Nagar, Satna, Prabhat Mishra (PW/7) went to Birla Hospital, Satna. On the same day at 07:45 p.m. Dr. S. Singh examined the victim, Ashwini Chaturvedi and found that she was in fit condition to give statement. Prabhat Mishra (PW/7) wrote statement (Ex.P/13) of deceased Ashwini Chaturvedi during 7:45 p.m.to 08:00 p.m. In the statement (Ex/P-13) deceased stated that appellant poured kerosene on her body and set her ablaze at 01:30 p.m. on 20/07/2008.