BUNTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved with the judgment dtd. 18/8/2015 passed by the Second Additional Sessions Judge, Harda in S.T. No.15 of 2013 by which, the appellant has been convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo Life Imprisonment with the fine amount of Rs.1,000.00, in default of paying the fine amount, additional R.I. for one year.

(2.) The prosecution case before the trial Court was that deceased Harsha Bai was married to co-accused Deepak, s/o Gulab and from their wedlock two sons were born. On 12/7/2012, in the burn condition deceased Harsha was brought to Bhagwati Hospital, Harda for treatment. The dying declaration was recorded, the deceased in her dying declaration has stated that her in-laws were harassing her and on 12/7/2012, in the morning at 03:00 am, the appellant jumped into her house and quarrel had taken place. The appellant after pouring kerosene on her, set her on fire. She herself extinguished the fire by pouring water in her bath-room and changed her clothes and on the pressure of neighbourers, her husband brought her to the hospital for treatment. After recording of the dying declaration, the deceased was sent for further treatment to Indore where on 7/8/2012, she died in Choithram Hospital and Research Centre. Intimation was sent to Police Station-Rajendra Nagar. The autopsy was conducted by Dr. Bharat Bajpayee (P.W-10). Case was registered in Police Station-Harda against the appellant and other accused persons.

(3.) The trial Court framed the charges under Ss. 498-A, 302, 302 read with 120-B of the Indian Penal Code and after trial acquitted the co-accused persons from all the charges and convicted and sentenced the appellant as stated in paragraph no.1 of the judgment, hence, this appeal.