RAJESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is filed under Sec. 374(2) of Cr.P.C. assailing the judgment passed in Sessions Case No.143/11 dtd. 4/12/2014 whereby the appellant was held guilty for committing offence under Sec. 302 of IPC and directed to undergo sentence of life imprisonment with fine of Rs.50,000.00 with default stipulation.

(2.) In short, the case of the prosecution is that the appellant is the husband of deceased Shashi Tiwari. Shashi Tiwari at the advance stage of pregnancy was staying with her parents. The appellant in the morning of 2/5/2011 at around 7:30 reached the house of his in-laws. He insisted that his wife should accompany him. As per prosecution story, she agreed to accompany the appellant. However, appellant quarrelled with the deceased and thereafter came out of the house, took a bottle full of petrol from his motorcycle, entered the room where his wife was sitting, poured petrol on her and set her ablaze. However, appellant's mother-in-law tried to save her daughter but her efforts went in vain. Father of Shashi also reached to the scene of crime and made an unsuccessful attempt to save her daughter. In that effort, his hands were also burnt.

(3.) Shashi Tiwari was taken to hospital. Dr. Piyush Nigam (PW-12) has recorded her dying declaration (Ex.P/6). On the same day, Shashi died. Dr. Sunil Sthapak (P.W.15) conducted the post mortem and prepared the report Ex.P/18. The appellant was tried for committing offence under Ss. 498-A, 304-B and in alternative Sec. 302 of IPC. Appellant was held guilty under Sec. 302 of IPC but was acquitted from other Sec. mentioned hereinabove.