MEENA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 374(2)of the Cr.P.C. being aggrieved by conviction and sentence recorded by the learned Second Additional Sessions Judge, Sehore vide order dated 5.4.1997 passed in S.T. No. 19/96 whereby the appellant has been convicted under Section 307 of the IPC and sentenced to R.I. for 10 years and fine of Rs. 250/- and in default of payment of fine, R.I. for 6 months.

(2.) THE facts, in short, giving rise to this appeal are that the appellant is undisputedly wife of complainant Om Prakash. They were living together in a rented house. It is alleged that on 21.11.1995, complainant told her wife/appellant that he would vacate the rented house and shift to the house situated near Sugar factory square, on which the appellant abused him and refused to go with him, thereafter, the complainant slept on the floor, then appellant splashed hot oil on the complainant and fled away from the spot. The complainant sustained burn injuries. Thereafter, neighbour Mahesh Rathore (PW-3) came on the spot, the complainant was rushed to the hospital. Dr. A.A. Qureshi (PW-1) treated and examined the complainant and informed to SHO, P.S. Kotwali, Sehore vide letter (Ex.P-2). SHO recorded Dehati Nalishi (Ex.P-12), thereafter FIR (Ex.P-13) was lodged against the appellant for the offence punishable under Section 307 of the IPC.

(3.) THE appellant abjured the guilt and pleaded false implication. It was also pleaded that the complainant was in drunken condition and he himself fell down on hot oil.