LAWS(MPH)-1996-7-98

GANGADHAR Vs. STATE OF M P

Decided On July 15, 1996
GANGADHAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPEAL is directed against the judgment and order dated 18. 3. 1991 of the Sessions Judge Rajgarh (Biaora) passed in S. T. No. 152/89 whereby accused-appellant has been convicted Under Section 302 of IPC for having committed murder of his wife Dhapubai, aged 22 years, by setting her to fire on the evening of 3. 8. 1989 in village Sunderpura, P. S. Malwar and sentenced to imprisonment for life.

(2.) THIS is not in dispute that deceased Dhapubai was the wife of accused. Both were living together. Dhapubai was found with burn injuries inside the house.

(3.) PROSECUTION story in brief is that accused used to assault and torture his wife. About 4-5 days prior to the date of incident Dhapubai failed to bring meals for the accused in fields as such she was taken in jungle by the accused where she was assaulted and tortured. She was kept without food. Accused came back alongwith his wife. After keeping her in jungle for about 3-4 days. Harisingh (PW. 4) and Bharatsingh met her on the way. She made a complaint to them about the beatings and torture done by accused. Accused got annoyed. He brought his wife Dhapubai inside house. Accused tied Dhapubai by rope, poured kerosene oil. and set her to fire. Dhapubai raised alarm. Smoke also came out of the house. Kasturibai (PW3)came to know about the fire inside the house. She also raised alarm. Persons assembled there. They found Dhapubai with burn injuries. She disclosed that her husband had set her to fire.