KHUSHIRAM BHUNIYA Vs. STATE OF MADHYA PRADESH AND

JUDGEMENT

(1.) This criminal appeal filed under section 374 of the Code of Criminal Procedure (Cr.P.C.) is directed against the judgment passed by the Sessions Judge, Katni in Sessions Trial No.140/07 decided on 23.06.2008. The court below by impugned judgment found the appellant guilty under section 302 IPC and imposed the sentence of life imprisonment with fine of Rs.500/- with default stipulation.

(2.) Draped in brevity, the case of the prosecution is that on 09.06.2007 at 9.35 AM complainant Anoopa, daughter of Barelal preferred a complaint in police chowki Bilhari, P.S. Kuthla that her sister deceased Santa Bai was married to accused Kushiram 7-8 years back. Kushiram and Santa Bai were residing in the house of Anoopa for last 2-3 years. The mother and father of the complainant were labourers and engaged in employment outside the village. Appellant used to quarrel with the deceased. Appellant always demanded money from deceased for his bad habit of drinking. On the night of incident, there was a quarrel between the appellant and the deceased because of which they did not take their meals/ dinner and went to sleep. The complainant also went to sleep with her brother. At around 12.30 at night, the complainant and her brother heard the noise of quarrel between appellant and Santa Bai. They entered their room and saw that appellant was abusing Santa Bai with filthy language. The appellant spread kerosene oil on Santa Bai and set her on fire.

(3.) The charges were framed against the appellant by the court below. He specifically denied the allegations and pleaded that he is innocent. A plea of alibi was taken by appellant contending that on the date of incident, he was at village Mahgava and was not present at Bilhari where incident had taken place.