RAGHUVIR Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. Has been filed against the judgment and sentence dtd. 26/7/2010 passed by Sessions Judge, Morena in Sessions Trial No. 143 of 2009, by which the appellant has been convicted under Sec. 302 of IPC and has been sentenced to undergo Life Imprisonment.

(2.) The necessary facts for disposal of present appeal in short are that Shobharam, the husband of the deceased brought the injured Smt. Sonkali to the hospital in burnt condition and an information was sent to Police Station Civil Lines, Morena. Accordingly, a Dehati Nalishi, Ex. P.3 was recorded in the hospital. It was disclosed by the injured Smt. Sonkali that She was married to Shobharam about 12 years back. Gauna ceremony took place after 5 years of marriage. She gave birth to 2 daughters who have already expired. Her Devar (appellant) used to scold her that the injured has spoiled the family and her father has taken Rs.10,000.00 which he is not returning back. At about 8:00 P.M., She was inside her room. Her Devar came there and started abusing her. When She objected to it, then he set her on fire after pouring kerosene oil on her. After hearing her screams, her neighbour Banwari Prajapati came on the spot and extinguished fire after putting water on her. Her husband was not in the house and had gone for labour work. After he came back, he has brought her to the hospital. Raghuvir has burnt her with an intention to kill her.

(3.) Accordingly, the police registered the F.I.R. The statement of the injured Sonkali was also recorded under Sec. 161 of Cr.P.C. Her dying declaration was got recorded by Naib Tahsildar. The deceased died during her treatment. Post-mortem was got done. Statements of the witnesses were recorded. Appellant was arrested and container of Kerosene Oil as well as match box were seized on disclosure made by him. The seized articles were sent to F.S.L. The police after completing the investigation, filed charge sheet under Sec. 302 of I.P.C.