RAJARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 147/ 91 also as both the appeals arise out of the same judgment and filed by the same accused-appellant. Both these appeals directed against the judgment and order dated 31. 1. 1991 of 1st Additional Sessions Judge, West Nimar, Mandleshwar, passed in S. T. No. 130/90, whereby the accused-appellant has been convicted under Section 302, IPC for having committed murder of his wife Nanibai by. setting her to fire and sentenced to imprisonment for life.

(2.) PROSECUTION story, in brief, is that the accused-appellant was living along- with his wife Nanibai, but be has suspicion about the fidelity and character of Nanibai. On the date of incident there was some altercation between them. Thereafter, accused poured kerosene oil and set her to fire. Nanibai, thereafter, was taken to hospital. Dr. M. L. Kag (P. W. 7) treated, her and informed police, thereby, F. I. R. (Ex. P/9) was recorded. A request for recording statement was made, as such, Dr. Kag recorded dying declaration (Ex. P/2 ). Police Officer Mahindra Singh Kushwah received information regarding burn case vide (Ex. P/ 6 ). He, thereafter, reached the hospital, made request for dying declaration vide letter Ex. 7.

(3.) SHRI Kushwah visited spot, prepared site map Ex. P/4 and obtained medical certificate Ex. P/8. During inspection of the spot Shri Kushwah found plastic cane, match box one quilt. He seized these articles vide Ex. P/5. During investigation witnesses were questioned and their statements were recorded. The Police Officer, after enquiry, registered the offence vide Ex. P/9 and arrested the accused vide Ex. P/10. After investigation accused was prosecuted. He pleaded not guilty and false implication. The learned trial Judge, after trial, has convicted and sentenced the accused- appellant as above. Hence, this appeal.