CHUNNILAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT is aggrieved by his conviction for an offence under Section 302,1. P. C. and sentenced to life imprisonment and for an offence under Section 201, I. P. C. and sentenced to three years rigorous imprisonment by the Court of D. K. Paliwal, First Additional Sessions Judge, Ashok Nagar, in Sessions Trial No. 199/1986 decided on 31. 8. 1995.

(2.) IT is alleged that on 1. 8. 1988 at about 11 in the morning appellant throttled the neck of his wife Devika Bai and murdered her and after committing her murder he set the dead body on fire with an intention to hide the crime. It is admitted that deceased was wife of appellant and they were married 3-4 years prior to the date of incident.

(3.) ON 1. 8. 1988 Harprasad, Chowkidar of village Berkhedi (P. W. 11) has lodged the information at Police out Post Madhogarh that at about 12 in the afternoon Devika Bai wife of Chunnilal has burnt herself by pouring kerosene oil upon her. police after registering Marg at 01/88 investigated the matter under Section 174, Cr. P. C. In the investigation it was found that since deceased has not cooked food properly, there were not talks and husband incited deceased to commit suicide and deceased committed suicide. After the post-mortem doctor opined that the burnt injuries are after death and he was of the opinion that after she was murdered, her body was burnt. Trial Court framed charges under Section 302 and Section 201, I. P. C, recorded evidence and convicted the appellant.