ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of conviction and sentence handed down by the Sessions Judge, Bhopal in Sessions Trial No. 108/1993, whereby he has been found guilty of having committed murder of his wife Kishwarbai.

(2.) The date of the incident is 24.1.1993 at about 9.30 pm in Bair - agarh in District Bhopal. The pro - secution case in short is that on the date of incident appellant re - turned home after taking alcohol. His wife Kishwarbai scolded him, en - raged appellant gave a slap and then poured kerosene on her and set her on fire. She was taken to the Police Station Bairagarh where she lodged FIR Ex.P.13. Then she was taken to Hamidia Hospital, Bhopal where she examined and MLC was recorded by Dr. Anoop Dube (PW12). Naib Tashildar Nis- ar Ahmad Rizvi (PW8), recorded the Dying Declaration (Ex.P.12) at about 2 am in the night, soon after the incident, in the question and answer form. Before re- cording the dying declaration, Dr. Punit Dixit (PW13) examined her and certi- fied that the patient was in a fit mental condition to give the dying declaration. Kishwarbai succumbed to burn injuries on 31.1.1993, therefore, a case under Section 302 of the IPC was registered against the appellant and after complet- ing the investigation charge sheet was filed and appellant put to trial for an offence punishable under section 302 of the I.P.C.

(3.) Appellant abjured his guilt. In the trial Court, prosecution examined 13 witnesses to bring home the charge. Appel- lant examined two witnesses in defence. After considering the prosecution evid- ence, the trial Court found appellant guilty of the charge and sentenced him to undergo rigorous imprisonment for life with fine default stipulations.