MOHABBAT KARSAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant assails the Judgment dated 22nd June, 2005 of the learned Sessions Judge, Mandleshwar, in Sessions Trial No. 57/2005 by which the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) The appellant was indicted for commission of the murder of his own wife by burning her. Accordingly to the prosecution, on 3-12-2004, in Maheshwar, Ward No. 8, accused demanded money from his wife - Mayabai for liquor and on her pleading inability, he quarrelled with her and stating that he would bring the matter to an end, he poured over her kerosene and lighted a match and set her ablaze. Mayabai raised an alarm which attracted her mother Gendabai and other persons from the neighbourhood namely, Munna s/o Surpal, Rajesh s/o Champalal and others. Seeing that persons from the neighbourhood were coming, the accused ran away. Mayabai was taken on a handcart by Munna (P.W. 7) and Rajesh (P.W. 6) to the Hospital. A report of the incident was lodged at Police Station, Maheshwar, and on that basis case under Sections 307 and 498-A of the Indian Penal Code was registered against the accused.

(3.) The first report with regard to the incident which was made by the deceased was Ex. P/1, which was recorded by P. S. Mandloi (P.W. 12), on the basis whereof offence Ex. P/9 was registered at the Police Station. Arrangement was made for recording of her dying declaration and Kailash Chandra Jain, Tehsildar (P.W. 8) was requested to record the same. After obtaining due certificate from the attending Doctor, Dr. Daulat Singh Chauhan (P.W. 10), dying declaration (Ex, P/5) was recorded. In further investigation, spot map (Ex. P/12) was prepared. From the spot half burnt pieces of clothes, one blue colour plastic: Can, one match box. two burnt match sticks, one swab soaked in kerosene and simple cotton were seized under panchnama Ex. P/3 and the accused was arrested vide panchnama Ex. P/13. On learning about the serious condition of Mayabai, she was sent to M. Y. Hospital. Indore for treatment where she was treated from 4-12-2004 to 19-12-2004 as per Exs, P/19 and P/20, as deposed to by Dr. Ankit Gupta (P.W. 14).