JEJABRAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FOR taking exception to the order of conviction and sentence passed against him by learned XIV Addl. Sessions Judge, Indore in the matter of Sessions Trial No. 318/1993, the appellant has approached this Court by preferring this appeal. Learned Addl. Sessions Judge had convicted the appellant for the offence punishable under Section 302 of the 1pc and sentenced him to undergo imprisonment for life with fine of Rs. 20,000 and in default whereof to undergo R. I. for two years.

(2.) THE prosecution case in brief as unfolded before the Trial Court is that appellant Jijabrao was residing with his wife Vidyabai and children in the first storey of rented house situated in Depalpur, District Indore. It is said that he was oftenly beating his wife after consuming liquor. On 21. 2. 1993, in the night between 8. 30 to 9. 00 p. m. appellant picked up quarrel with his wife and thereafter sprinkled kerosene oil on her body and set her on fire. Vidyabai started burning. On alarm over-heard by the neighbourers named Ramswaroop Tiwari (P. W. 13), Chandrakalatiwari (P. W. 14), Leela Parmar (P. W. 6) and other witnesses reached over there. They forcefully opened the door and saw Vidyabai in a burnt condition. They covered her body by blanket and also poured water to extinguish fire. The appellant verbally restrained them to extinguish the fire. Vidyabai was taken to the hospital on hand trolley by the neighbourers. Appellant ran away from the house. In Primary Health Centre, Depalpur deceased Vidyabai was attended by Dr. Sharad (P. W. 7) who immediately recorded her dying declaration (Ex. P. 7) and also sent information to Police Station, Depalpur. He also immediately referred Vidyabai for further treatment to M. Y. Hospital, Indore. In M. Y. Hospital, Indore deceased died on 25. 2. 1993. After her death, the offence was also registered under Section 302 of the IPC against the appellant. After inquest of the dead body same was sent for post-mortem. Dr. Raveendra Choudhary (P. W. 19) performed the post-mortem. According to him, deceased suffered 100 per cent burn injury. She died because of heart and respiratory failure due to burn injury. His post-mortem report is Ex. P. 22. Appellant was arrested on 26. 2. 1993 and after necessary investigation, charge sheet was filed.

(3.) THE appellant has abjured his guilt and his defence was that deceased committed suicide by ablazing herself. He examined his son Vinay as D. W. 1 who was cited as a prosecution witness and given up by the prosecution on the ground of his winning over by the defence (see order sheet dated 27. 3. 1996 of the Trial Court ). Therefore, he was put on trial and Trial Court convicted the ap'pellant as mentioned hereinabove.