RAMESH SEVARAM Vs. STATE OF M P

JUDGEMENT

(1.) Aggrieved by his conviction under Sections 302 and 449 of the I.P.C. and sentences of imprisonment for life and 10 years rigorous imprisonment awarded therefor respectively by the Sessions Judge, Shajapur vide judgement dated 10-5-91 passed in S.T. No. 176/90, the appellant accused has preferred this appeal under Section 374, Cr. P.C.

(2.) Devisingh (P.W. 4) is the husband of the deceased Shantabai who died of burn injuries on 17-5-90. Rekha (P.W. 5) is their 9 years old daughter. Chandersingh (P.W. 1) is the nephew (sister's son) of Devisingh.

(3.) The case of the prosecution against the appellant-accused in the trial Court was that at the relevant time the accused lived in 'Nai Abadi' Maksi in front of the house of Devisingh, Satishsingh (P.W. 9) occupied portion of the accused's house on rent. Accused, it is said, used to insist Shantabai to come and live with him as his wife. The deceased, however, refused to oblige the accused. On 17-5-1990 around 1.00 p.m. Shantabai was alone in the house when the accused came there with a bottle of kerosene, poured kerosene on the body of the deceased, lit fire with the help of a match box and ran away. The deceased caught fire and started crying hearing which Satishsingh rushed to the spot and extinguished the fire by putting clothes over the body of the deceased. In the process Satishsingh also burnt his hands, Shantabai told Satishsingh that the accused has burnt her and fled away.