POORAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) N.K. Gupta The appellant Pooran Singh has preferred the present appeal being aggrieved with the judgment dated 24.02.2003 passed by the Sessions Judge, Shivpuri in S.T. No. 166/2002, whereby the appellant Pooran Singh has been convicted of offence under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.500/ -

(2.) Facts of the case, in short, are that on 26.04.2002 at about 10:10 PM the deceased Haria @ Hargovind Kori had lodged an FIR Ex. P -15 at Police Station Magroni, District Shivpuri that at about 09:00 PM in the evening, he went back to his house after taking a dinner in a party. When he was lying on a cot, his brother Munshi (PW -8) came to meet him. When both were talking, the appellant Pooran and his wife Munni went near the cot, the appellant Pooran Singh had a Cane of kerosene, he blamed Haria that he had a bad eye over his wife and thereafter Pooran poured kerosene upon him, lit a matchstick and set fire upon him. On shouting of Hariya, Munshi poured some water upon him. On his shouting, various witnesses namely Pratap Gurjar, Prakashchandra Kori and Ghanshyam etc. came to the spot but the appellant Pooran and his wife ran away. The deceased Haria was taken to the hospital. Dr. Ashish Vyas (PW -7) examined the deceased Hargovind and gave his report Ex. P -10. He also recorded the dying declaration Ex. P -11. The FIR Ex. P -15 was also lodged. Investigation Officer had requested the Executive Magistrate Kumari Mamta Shakya (PW -10) to record the dying declaration of the deceased. Dr. S.P.S. Raghuvanshi (PW -11) gave a certificate that the deceased Hargovind was in a fit condition to give the dying declaration and, thereafter, the Executive Magistrate Kumari Mamta Shakya (PW -10) had recorded the dying declaration Ex. P -14. However, after some time, the deceased Hargovind had expired. His body was sent for the postmortem. After due investigation, the charge -sheet was filed before the CJM, Shivpuri, who committed the case to the Court of Sessions.

(3.) The appellant abjured his guilt. He took a plea that the witness Munshi, brother of Hargovind was interested to get the house of the deceased Hargovind and, therefore, he had falsely implicated the appellant. In defence, Rambabu Arya (DW -1) was examined.