BHAGWANDAS Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Bhagwandas having been found guilty for commission of offence under Section 302 of IPC and having been awarded life imprisonment in s. T. No. 97/95, decided on 4-12-95 by Sessions Judge, Khandwa has preferred this appeal on various grounds.

(2.) PROSECUTION story, in short, is as under :-Appellant was married to Radha Bai. Out of the wedlock, in all four children were born to them. Khusboo was one of the daughters who was aged about two years at the time of the incident. On 7-6-95 in the night, this appellant, according to the prosecution, had poured kerosene on Radha Bai and his daughter Khusboo and ignited them. On account of the burn injuries having been sustained by Radha Bai and daughter Khusboo, both succumbed to the same in the Hospital. According to appellant, the said burn injuries were sustained by both accidentally and not on account of pouring of kerosene by this appellant on their body and then igniting them. He, therefore, abjured his guilt and submitted that he has falsely been implicated in the matter.

(3.) APPELLANT was said to be working as Khallasi in Railways and on the relevant date was posted at Itarsi but for convenience he used to live at harsood with his wife and children. He used to travel up and down daily to perform his duties. On 7-6-95, after the duty he had reached his house at about 10 p. m. Accused was served with dinner, however, he was not satisfied with the menu and went to nearby hotel of Manzoor and brought mutton curry and chapattis with him. Deceased and appellant both took their dinner. Thereafter, due to some petty matter an altercation took place between the two. It is also stated that at the time of commission of offence this appellant was in a drunken state and had consumed excessive quantity of liquor which also stands proved from the evidence of Dr. D. P. Agrawal (P. W. 2), where deceased Radha Bai and daughter Khusboo were taken by this appellant. Radha Bai was admitted in the hospital alongwith her daughter Khusboo.