HALLE RAIKWAR Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANT Halle Raikwar preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 20.12.2000 passed by Sessions Judge, Damoh in Sessions Trial No.138/2000, whereby he has been convicted and sentenced as under: -

(2.) IT is the allegation against appellant/accused Halle Raikwar that on 23.12.1999 at Village Belkhedi, he poured kerosene oil upon his wife Kaushalyarani alias Ramwati, set fire and committed her murder.

(3.) BRIEF facts of the case are that appellant/accused Halle Raikwar was married to Kaushalyarani alias Ramwati (since deceased) about 2 3 years prior to the incident. There was no issue out of their wedlock. The accused used to beat her wife and she used to make complaint to her father. Earlier Purshottam (PW.7), father of deceased had gone to her house at Village Belkhedi. Though he wanted to bring back his daughter but accused Halle Raikwar rejected his request and said that he might take her daughter after Makar Sankranti. It is alleged that before Makar Sankranti i.e. on 23.12.1999, Kaushalyarani alias Ramwati had prepared food but as the vegetable was salty, quarrel took place between the accused and her and the accused poured kerosene oil on her, set fire and went away. She shouted for help but nobody turned up to save her. She came out of her house and fell near NARDA. On hearing her shriek, some of her neighbourers came there and called accused and his father. Except soles of her feet, she was almost burnt. She was taken to Pathariya Hospital for treatment. Report of the incident was lodged at Police Station Pathariya and she was sent for her medical treatment at Pathariya Hospital. Looking to her pathetic condition as she was 85% burnt, PW.11 L.D.Mandal, Naib Tahsildar recorded her dying declaration at Pathariya Hospital. Thereafter, she was referred to Damoh Hospital for further treatment where she breathed her last. The doctor found her dead and a report whereof was sent to Police Station Kotwali, Damoh. On the basis of the information, Marg Intimation was registered. City Superintendent of Police reached the spot, prepared Panchnama of dead body before witnesses and sent the dead body for postmortem. According to the postmortem, Kaushalyarani died as a result of shock due to extensive burn of 95%. As the incident was within the jurisdiction of Police Station Pathariya, the doctor of Damoh Hospital sent the report regarding death of Kaushalyarani and on the basis thereof, Marg intimation was registered at Police Station Pathariya.