BAGDIRAM Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction and order of sentence dated 8. 4. 1994 passed by Additional Sessions Judge, Ratlam in S. T. No. 172/93 convicting the appellant under Section 306 of the Indian Penal Code (in short I. P. C.) and sentencing him to suffer rigorous imprisonment of 4 years and fine of Rs. 1,000 in default of payment of fine further rigorous imprisonment of 6 months, the appellant has knocked the door of this Court by preferring this appeal.

(2.) IN brief the case of prosecution is that on 10. 5. 1993 Kalibai (hereinafter referred to as the deceased) who was living in the house of her parents, ablazed herself. She was sent to the Hospital where a dying declaration of her was recorded. The investigating agency investigated the matter and submitted the charge sheet in the competent Court which on its turn committed the case to the Court of Session and from where it was received by the Trial Court for the trial.

(3.) THE learned Trial Judge on going through the charge sheet framed charge punishable under Section 306 of the I. P. C. against the appellant. Needless to emphasis the appellant abjured his guilt and pleaded complete innocence. His defence is of maladroit implication.