ROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 9th April, 2002, passed by Sessions Judge, Bhopal in Sessions Trial No.359/2002, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.5000/-. In default of payment of fine, further rigorous imprisonment for one year.

(2.) In short, the prosecution case is that in the night of 2.8.2002 at about 8.00 O'clock, appellant came drunk in his hut. His wife Lalwati (deceased) remonstrated him and asked him to take food, but he abused her and asked her to leave his house. A quarrel ensued between them, in the course of which, appellant picked up a kerosene Kuppi from the house, poured kerosene on deceased and ignited her with a matchstick.

(3.) Investigating Officer, ASI Uday Beer Singh Tomar (PW-6), also enquired about the incident from the deceased and on her information recorded Dehati Nalishi (Ex.P/6). On the basis of Dehati Nalishi, a case under Section 307 of the Indian Penal Code was registered against the appellant. Assistant Sub Inspector Dinesh Onker (PW-8) also went to hospital and recorded case diary statement (Ex.P/10) of the deceased. In all the aforesaid statements, deceased stated that appellant set fire to her.