STATE OF MADHYA PRADESH Vs. PARAM

JUDGEMENT

(1.) Defaults, as pointed out by the Office, are ignored. Heard on admission.

(2.) This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short). By the impugned judgment dated 13/10/2009 passed by Additional Sessions Judge, Rehli, District Sagar, in Sessions Trial No. 57/2008, respondent Param has been acquitted of the offence punishable under Section 302 of the Indian Penal Code (for short "IPC"). Marriage of Kamlabai (since deceased) was solemnized with the respondent and in the wedlock, they were blessed with four children.

(3.) As per the prosecution story, respondent persistently used to subject Kamlabai to cruelty and harassment and in pursuance of a recent quarrel, on 6/12/07 at about 2.30 p.m., he, after pouring kerosene oil upon her, set her ablaze. She was taken by her father and others to Hospital, where she gave the dying declaration incriminating her husband. Report (Ex. P/12) was registered and after investigation, charge-sheet was filed.