MANOJ ALIAS GUDDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (2) of the Criminal Procedure Code, 1973 the appellant has questioned the judgment dtd. 30/7/2010 passed in Session Trial No. 99/2009 decided by the learned First Additional Sessions Judge, Seoni, whereby the appellant was held guilty for committing offence under Sec. 302 of IPC and directed to undergo life imprisonment with fine of Rs.1,000.00 with default stipulation. The appellant was acquitted from committing offence under Sec. 304-B of IPC.

(2.) In short, the case of prosecution is that appellant solemnized marriage with Sangeeta before three years from the date of incident which had taken place on 12/5/2008. As per the prosecution story, after marriage for sometime the appellant lived with his wife peacefully but thereafter started demanding money to buy a motor-cycle.

(3.) As per 'marg ' intimation dtd. 13/5/2008, on 12/5/2008 at midnight, the appellant approached Balram (PW-4) and informed him that Sangeeta has set herself ablaze. Balram along with appellant reached the house of appellant and found that the room inside the house is covered by flame and the door was broke open and it was found that Sangeeta is lying on the bed in dead condition. Appellant fled away from the place of incident. The complainant Balram (PW-4) had doubt on appellant and, accordingly, lodged 'marg ' intimation report in Police Chowki, Khaira Palari, Police Station, Keolari.