SUNDER Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by the judgment dated 17.11.2005 passed by the Second Additional Sessions Judge, Balaghat in Session Case No. 122/05 whereby the appellant has been found guilty of an offence punishable under section 307 of the I.P.C. and has been sentenced to five years rigorous imprisonment with a fine of Rs.500/- with an additional sentence of six months imprisonment, in case of default of deposit of the fine.

(2.) The prosecution case against the appellant is that the appellant, on an altercation with his wife on 05.06.2005 at 8 PM, after pouring kerosene threw a burning chimney upon her, as a result of which she suffered burn injuries on her stomach, back and right hand.

(3.) On receiving information from the hospital where she was admitted for treatment, the police registered a case and the criminal law was set at motion against the appellant.