BHERUSINGH ALIAS RAJU Vs. STATE OF M P

JUDGEMENT

(1.) THIS jail appeal arises from the judgment dated 14. 9. 1998, rendered by Vllth Additional Sessions Judge, Indore, in Sessions Trial No. 516/ 1997, convicting accused - appellant, Bherusingh @ Raju Under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine Rs. 2,000/ -.

(2.) THE allegation against the appellant was that he on 15. 10. 1997, around 8. 30 p. m. at his own house at Balram Nagar, Indore, poured kerosene on his deceased wife Sangeeta and set her on fire. She sustained 72 per cent burn injuries. Her father Kalyansingh (P. W. 1) who resided in the same vicinity, on hearing about the incident rushed to the scene, took her to police station and then shifted her to M. Y. Hospital, Indore. The police firstly recorded a Sanha Report (Ex. P/ 13) at the instance of Kalyansingh and then recorded statement {vide Ex. P/4) of the deceased, the same night at M. Y. Hospital, Indore. Thereafter, FIR {vide Ex. P/ 16) was recorded on the next day at 11. 30 p. m. and a case Under Section 307 of I. P. C. was registered. The deceased succumbed to her burn injuries on 22. 10. 1997. The police registered a crime Under Section 302 of I. P. C, conducted inquest, got the autopsy of the body of the deceased performed, arrested the accused appellant and after other necessary investigation charge-sheeted him for trial which ended into his conviction as aforesaid.

(3.) WE have heard Mr. K. C. Gangrade, learned Counsel for appellant and Mr. G. Desai, Dy. Advocate General for respondent - State.