MOHAN CHHITUJI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant Mohan under Sec. 374(1) of Cr.P.C. against the judgment dtd. 14/06/2012 passed in Sessions Trial No.114.2011 by the Second Additional Sessions Judge, Khargone, District - Khargone whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him as under:- <FRM>JUDGEMENT_161_LAWS(MPH)4_2022_1.html</FRM>

(2.) In brief, the facts giving rise to the present appeal are that on 15/09/2008 when the appellant and his wife Dhapai Bai were at their home, at that time, the appellant poured kerosene over her and set her ablaze who died in the hospital while being treated. Her MLC was prepared and intimation was also sent to the police and her dying declaration (Ex. P/17) was also recorded by the Executive Magistrate (PW/14) Shankarlal Singade. Thus the entire case of the prosecution revolves around the said dying declaration.

(3.) The case was committed to the Court of Sessions and subsequently learned Judge of the Trial Court, after recording the evidence, has convicted the appellant as aforesaid hence this appeal.