JABAR SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal has been filed under Sec. 374 of Cr.P.C. by the appellant against the judgment dtd. 17/10/2013 passed by the Eleventh Additional Sessions Judge, Gwalior, in Sessions Trial No.220 of 2013 whereby he has been convicted under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.2,000.00 with default stipulation.

(2.) Draped in brevity, the facts of the case are that on 28/3/2012 at 13.10 hours complainant Rai Singh @ Banti (PW-3) along with his Tau Moharsingh, mother Munni Devi while taking Dhanto Bai in burnt condition by 108 Ambulance lodged a report at police Station Bijauli that he and his uncle Nihal Singh are residing adjacent in village Sunarpura Mafi. Today at about 12 pm he saw that smoke was coming out from the house of his uncle Nihal Singh, then he reached there and found that his aunt Dhanto Bai in burnt condition came out running and fell down, at that juncture, appellant Jabarsingh came out from the backside of house of Nihal Singh and fled away. He poured water on his aunt. She informed that Jabar Singh with intention to kill her after pouring kerosene oil set her on fire. His Tau Mohar Singh, mother Munni Devi, sister Uma also came to the spot and they saw appellant Jabar Singh running away. Dhanto Bai also narrated the incident to them. On the report, crime No.39/2012 under Sec. 307 of IPC was registered against the appellant. Matter was investigated. During treatment, Dhanto Bai died, hence, offence under Sec. 302 of IPC was added. After investigation, charge-sheet was filed in the Court of JMFC, Gwalior, from where case was committed to the Court of Sessions. Charge under Sec. 302 of IPC was framed against the appellant which he denied and claimed for trial.

(3.) In order to bring home the charge, the prosecution examined 17 witnesses and proved the documents Ex.P/1 to Ex.P/26. However, the appellant chose not to examine any witness in his defence.