MANOHAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant feeling aggrieved by his conviction under Section 302 of the Indian Penal Code and the sentence of life imprisonment awarded to him vide judgment dated 19.02.2002 passed by the 6th Additional Sessions Judge, Indore in Sessions Case No.614/95, has filed this appeal under Section 374 of Criminal Procedure Code.

(2.) THE prosecution case in brief needs to be stated as under. On 24.06.1995, Ratnabai was admitted in the M.Y. Hospital, Indore in a burnt condition. As per the MLC, she was burnt by pouring kerosene on her body by her neighbour -Manohar and his wife Kamlabai on account of an enmity due to non -vacating of the hut by her. During her treatment, on 24.06.1995 a dying declaration Ex.P -16 was recorded by Dr. Sameer Kumar (PW -13) and her statement Ex.P -12 under Section 161 was recorded by Sub -Inspector of Police, Indrajeet Mishra (PW -8). In both of which, the deceased alleged that she was burnt by her neighbours -the appellant and his wife. On 25.06.1995, Ratnabai succumbed to the injuries. After conducting the postmortem of her dead body and after further investigation, the police submitted challan against the appellant and his wife -Kamlabai. The appellants abjured their guilt and took plea of alibi.

(3.) IN order to prove the charges, the prosecution examined as many as 14 witnesses and in defence, the accused persons examined 3 witnesses. The trial court after appreciation of the evidence led by the parties acquitted the co -accused Kamlabai whereas convicted the appellant Manohar as aforesaid. Feeling aggrieved, the appellant -Manohar has filed this appeal.