BRAJKISHORE MANDLOI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 14/5/2010 passed by First Additional Sessions Judge, Harda District Harda in S.T. No.102 of 2006, whereby the appellant-accused stood convicted under Sec. 302 of IPC and sentenced to undergo R.I. for life and fine of Rs.15,000.00 and in default, to suffer R.I. for 3 years.

(2.) As per the prosecution story, the incident took place on 10/7/2006 at the house of the accused wherein he poured kerosene on his wife Anuradha who succumbed to the burn injuries on 17/8/2006. In pursuance of the information by the hospital situated at Timarni, the police authorities got registered an FIR (Ex.P/24) for the offence under Sec. 307 of IPC; collected various documents during investigation; recorded the statements of the parents of the deceased and related persons as well as dying declaration of the deceased on two occasions. After completion of the investigation, the police submitted charge sheet against the accused. The accused was charge-sheeted for the offence under Sec. 302 of IPC, he denied the allegation and therefore, was put to trial. To establish the charge, the prosecution examined as many as 27 witnesses and exhibited several material documents including two dying declarations. In defence, Akhilesh was examined as DW1. Upon completion of the trial, the learned trial Judge vide impugned judgment dtd. 14/5/2010 has convicted and sentenced the accused as under:- <IMG>JUDGEMENT_207_LAWS(MPH)1_2024_1.jpg</IMG>

(3.) The aforesaid judgment was put to challenge by filing this appeal.