KISHORILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed under Section 374 of the Cr.P.C. being aggrieved by the judgment dated 10.09.1997 passed by Third Additional Sessions Judge, Ratlam in S.T. No.218/1996, whereby the appellant has been convicted for offence punishable under Section 306 of the IPC and sentenced to five years rigorous imprisonment with fine of Rs.2,000/- in default of payment of fine he was to further undergo four months simple imprisonment.

(2.) Brief fact of the prosecution case are that on 04.02.1996 Kalabai was admitted Civil Hospital at Alot due to severe burn injuries, thereafter, she was referred to Jaora. The Civil Hospital Jaora informed the police on the basis of written representation by Dr. S.K. Jain that severe wounds were caused and patient was referred to M.Y. Hospital, Indore. When she was being taken to Indore she succumbed to her injury on the way. The merg was recorded and investigation was launched. During the investigation statement of witnesses were recorded and it was learnt that the accused Kishorilal had illicit relations with another woman and used to treat Kalabai with cruelty and often beat her and sent her back to her parental home. In fact before the incident she had returned from her parental home and had consequently been sent to hospital in a burnt condition by her husband whereas he has failed to inform the police and first information report was recorded on the basis of information received from the doctor and registration of the merg. The body was also sent for post mortem by police. The merg registration and inquest report is Ex-P/8. The FIR is Ex-P/7. The recovery memo and spot map were also prepared and half burnt clothes and match box etc. were recovered along with the used postcard. The offence was registered u/S.304(B) of the IPC and Judicial Magistrate, Alot committed the accused to his trial.

(3.) The accused abjured his guilt for offence under Section u/S.304 of the IPC and submitted that he was falsely implicated in the matter. The trial Court on considering the offence, however convicted and sentenced the appellant Kishorilal as hereinabove indicated and hence, this appeal.