MAHENDRA KUMAR SHIV Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 19.7.2002 passed by First Additional Sessions Judge, Balaghat in Sessions Trial No. 171/2001, convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1000/ -, in default, rigorous imprisonment for one year.

(2.) CASE of the prosecution in nutshell is that appellant was married to Pramila Bai about 6 -7 years ago. At the time of occurrence, they were living as a tenant in the house of Surendra Ganveer (PW2). On 30.5.2001, at about 11.30 O' clock in the night, upon some domestic quarrel, appellant assaulted Pramila Bai. When she tried to run out of the house, appellant sprinkled kerosene from a 'Dibbi' and set fire to her with a matchstick. Hearing her shrieks, neighbours viz. Surendra Ganveer, Jagia, and Laxmi Prasad reached there to whom she narrated the incident. Surendra went to the house of her mother viz. Jano Bai (PW1) and informed her about the incident. Jano Bai came to the house of Pramila Bai along with her son Pradeep and carried her to District Hospital, Balaghat and got her admitted for treatment. Jano Bai gave information at Police Chowki Hospital on the basis whereof Dehati Nalishi Ex. P/1 was recorded and a case under Section 307 of the Indian Penal Code was registered. Dehati Nalishi was sent to police station Roopjhar. On requisition made by Police, the dying declaration of Pramila Bai was recorded by Naib Tahsildar Kshitij Sharma (PW7) on 31.5.2001.

(3.) INVESTIGATING Officer went to the house of Pramila, prepared the spot map, seized burnt clothes of injured, jerry -can of kerosene and a matchbox. During treatment, on 24.6.2001, Pramila succumbed to her burn injuries. On intimation being sent from the hospital, merg Ex. P/9 was registered and the case was converted to one under Section 302 of the Indian Penal Code. On 14.6.2001, accused was arrested and charge sheet was filed in the Court of Magistrate. The case was then committed for trial.