DADULAL ALIAS DADU Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30.6.2005 passed by learned Sessions Judge, Balaghat in Sessions Trial No.25/2005 convicting the appellant under Section 302 IPC and thereby sentencing him to suffer life imprisonment and fine of Rs.1000/- with defaulting clause as mentioned in the impugned judgment, the appellant has taken the shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purposes of disposal of this appeal, since in detail they are narrated in the impugned judgment. By posing the appellant to be an uxoricide he was tried for the offence punishable under Section 302 IPC. As per the case of the prosecution, Gangabai (hereinafter referred to as "the deceased") was the wife of the appellant. On 19.11.2004 in the evening, the appellant made a demand of some money to her which she refused and said that she is not having the money as a result of which some altercation took place between them and thereafter it is said that appellant tilted the kerosene lamp upon her as a result of which her clothes caught fire. Thereafter, her son and daughter, namely, Anil Kumar (PW-1) and Saraswati Bai (PW-9) arrived at the spot and found that their mother is lying in the burnt condition.

(3.) Since the deceased had sustained burn injuries, she was admitted to the hospital where the hospital staff informed the police station that a lady has been brought to the hospital in burnt condition. Thereafter, investigating agency managed to record the dying declaration of the deceased. Eventually, Naib Tehsildar Kamalchand Ksheersagar (PW-4) recorded dying declaration of the deceased. The investigating agency thereafter also investigated the matter by doing the needful.