MAIKU BAIGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Maiku Baiga stands convicted for offence punishable under Section 302, IPC with sentence of imprisonment for life vide impugned judgment dated December 10, 1990, passed by the Sessions Judge, Shahdol, in Session Trial No. 50/90.

(2.) APPELLANT/accused is the husband of deceased Smt. Maiki Bai. On 21-1-90 at about 6 P. M. while the deceased was in the house of the accused, she sustained extensive burn injuries on her person. As per the prosecution case there was matrimonial disharmony between the appellant and the deceased and occasionally, the appellant used to torture the deceased. It is alleged by the prosecution that at the relevant time the appellant wanted to have sexual intercourse with the deceased hut she refused to oblige him. This resulted in wordy quarrel between them. In an enraged state of mind the appellant after pouring kerosene on the deceased set her ablaze and lied away.

(3.) ATTRACTED by the alarm raised by the deceased, Baijnath (P. W. 1), Ram Charan (P. W. 6), Smt. Phuljharia (P. W. 7) and Jaiman (P. W. 8) gathered at the spot and found the deceased lying there with extensive burns all over her body. On being informed that appellant had run away towards Amlai, Baijnath (P. W. 1), Ram Charan (P. W. 6) and Jaiman (P. W. 8) went out in search of the accused and apprehended him near the Amlai School. He was taken to Police Station, Amlai, where Baijnath (P. W. 1) lodged F. I. R. , Ex. P-l regarding the incident.