MANGILAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant/accused against the judgment and conviction dated 13.12.2007, passed by II Additional Sessions Judge (Fast Track Court) Astha, District Sihore, (M.P.) in S.T. No.163/2006, whereby the appellant/accused has been convicted for commission of offences punishable under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.1,000/- and Section 201 of IPC and sentenced to undergo rigorous imprisonment for three years and fine of Rs.1,000/- with default stipulations.

(2.) The case of prosecution in brief is that the deceased Smt. Leela Bai was the wife of appellant. The appellant was living with his wife, son Rajendra Singh, Daughter-in-law Smt. Sharmila in the village Bager. Appellant is a habitual drunkard and he used to beat his wife after consuming liquor. He used to make quarrel with his wife for procuring money for purchasing the liquor. In the intervening night of 20th and 21st June, 2006 appellant came home after consuming liquor and was sleeping with deceased in his room. His son Rajendra Singh and daughter-in-law were also sleeping in another room of the house. At about 11:30 pm in the night Rajendra Singh and his wife heard the noise of quarrel and beating coming from the house of appellant. He was beating his wife. Thereafter at about 2 O' clock they again heard the noise and cry of deceased and than saw the light of flame coming from a lane abutting courtyard of the house. They tried to rush there but the door of their room was closed from outside. They tried to open the Sankal (iron chain latch of door used to close the door) through a hole made in the door and after opening it they came out, they saw the deceased was burning at the lane near courtyard of the house. Appellant was also present there. It is alleged that the appellant had assaulted the deceased and after carrying her to courtyard of the house set her ablaze after pouring kerosine oil on her. Rajendra Singh and his wife douse the fire but deceased has been died on the spot. Appellant went to Police Station Astha and lodged the report stating that the deceased had committed suicide by setting her ablaze. Police recorded Marg intimation (Ex.P/1) and initiated the inquest, prepared spot map, panchanam of the dead body and sent the body for postmortem. A cane of Kerosine oil, match box and broken piece of bangle were seized from the spot. During inquest it was revealed that the appellant had committed murder of the deceased by setting her ablaze than FIR (Ex.P/16) has been recorded on 29.06.2006 and offence was registered against the appellant. The statement of witnesses were recorded during investigation and after completion of investigation charge-sheet has been filed in the Court.

(3.) The appellant has been charged for commission of offence punishable under Sections 302 and 201 of IPC. He abjured guilt and pleaded innocence. The prosecution has examined fourteen witnesses, whereas appellant has not adduced any witness in his defence.