VISHNU PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) IN this Criminal Appeal, the appellant has challenged his conviction under Section 302 of the Indian Penal Code for which he has been sentenced to undergo life imprisonment by the Sessions Judge, Durg, in Sessions Trial No. 78 of 1985.

(2.) THE deceased Mst. Ratna Bai was daughter of Radheshyam (P.W. 1). Ratnabai was married to the appellant on 10 -3 -1984 and at the relevant time, she was living with the appellant in Mohalla Ramnagar in the town of Bhilai as a tenant in the house of Heeraji (P.W. 3). It is said that after the marriage of Ratnabai with the appellant, she was harassed and more often beaten by the appellant. She used to often report the misbehaviour of the appellant towards her to her parents as well as to the wife of the landlord Heeraji. According to the prosecution, on 17 -3 -1985 between 8.00 p.m. to 9.00 p.m. when the deceased Ratnabai was cleaning the utencils after taking the dinner, her cries for help were heard by the landlord Heeraji (P.W. 3) and others. Heeraji (P.W. 3) on hearing her cries, rushed to the house occupied by the appellant and saw that Ratnabai was ablazed with fire. The appellant was present there is a silent spectator. On being scolded by the witness Heeraja (P.W. 3), the appellant fetched water and extinguished the fire. Injured Ratnabai was taken to the hospital in Sector I wherefrom she was referred to the hospital in Sector IX, where she was admitted on 17 -3 -1985 at 10.30 p.m. In the hospital she was attended by Dr. Jain (P.W. 11) who informed the police. He found burn injuries to the extent of 85 percent. The burns were deep. He found 15 percent burns on back and front of trunck. Both upper extrimities were burnt upto the extent of 18 per cent. Both lower extimities were burnt upto 30 percent, p Portion in head and neck were burnt upto 5 percent. The patient was in shock and the pulse was just pulpable. B.P. was not recordable. General condition was poor; but the lungs and heart were normal. She was carrying pregnancy of 4 months. On 19th the patient was in poor stage but had started passing urine. On 20th and 21st March, 1985, the condition continued to be the same as on 19th. On 22nd March, 1985 at 10.25 p.m the condition of the patient deteriorated. She was semi -conscious and was unable to talk properly in the evening. According to Dr. Jain, from 10.25 p.m. on 22nd March, 1985, the patient was not in a position to speak but before that she was speaking. On 23rd March, at 1.45 p.m. (midnight) she was declared dead. Ex. P -4 is the bed head ticket of the patient in which the daily condition of the patient is recorded.

(3.) AT the trial, the appellant admitted that his wife had caught fire and died but abjured the guilt that he was responsible for the same and pleaded to be tried. Learned trial Judge on evaluation of the prosecution evidence found the appellant guilty for the offence charged with and, therefore, convicted and sentenced him, as stated above, against which this appeal has been preferred.