STATE OF M P Vs. BALKISHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 15 -10 -1988 of Sessions Judge, Indore passed in S.T. No. 320/87 whereby accused respondent has been acquitted of the offence punishable u/section 302 of I.P.C. for allegedly having committed murder of Rekha @ Mariyaw daughter of Dimello on 14 -7 -1987 at bakshigali, Indore by setting her to tire and died on 16 -7 -1987.

(2.) THE prosecution story in brief is that accused was having illicit relations with Rekha @ Mariyam. She was sister of Rozi (P.W.3). They were carrying this relationship for last four years prior to the date of incident. Accused was married to Kamlabai (P.W. 8). Anita (P.W. 10) was the daughter begotten from them. Accused, Kamlabai and her daughter Anita were residing in House No. 20, Bakshi Gali, Indore. Kamlabai was working as a maid -servant in the house of one Rajkumar Vyas and in the houses of other persons and, therefore, she used to go in the morning for the work.

(3.) IT is alleged that accused took Rekha @ Mariyam alongwith him in the night of 13 -7 -1987. They visited cinema and were roaming hither and thither and came in the house in the morning. After Kamlabai left the house, accused, Rekha @ Mariyam, daughter of accused - Anita and other younger child Hemlata remained in the house. Rekha prepared tea and offered to accused and others. There was some exchange of hot words between them. Rekha was insisting on permanently residing with the accused. It appears she was pursuading the accused to keep away his wife and daughter. Accused was not agreeable to the proposal as Rekha @ Mariyam was a woman of loose character and probably was keeping illicit relations with. some other persons also. This led to altercation between accused and Rekha @ Mariyam. Annoyed with the insistence of Rekha, accused poured kerosene oil and set her to fire. It appears Rekha and other inmates of the house raised alarm. Some persons of the vicinity also came there. Accused also tried to extinguish the fire but Rekha sustained serious burns.