NOKHELAL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment dated 18.10.2006 passed by the Additional Sessions Judge, Lakhanadaun, District Seoni, in Sessions Trial No.56/2006; whereby the accused/appellant Nokhelal was convicted of the offence punishable under Section 302 of the I.P.C. and was sentenced to life imprisonment and a fine of Rs.1000/-. In default of payment of fine, he was directed to undergo further imprisonment for a period of three months.

(2.) The prosecution case may briefly be stated as hereunder: Accused/appellant Nokhelal had married deceased Geeta Bai about 15 years before her death. At about 2:00 p.m. on 31.3.2006, the deceased was sleeping in the parchhi (veranda) of her house. At that time, appellant Nokhelal was searching his shaving razor in the house. Since, he could not locate the same, he started abusing the deceased, blaming her for lending household items to the neighbours. Whereupon, deceased replied that somebody in the neighbourhood must have taken the razor and it would be returned. Consequently, the appellant started to beat the deceased with hands and fisticuffs. When the deceased cried, the appellant poured kerosene upon her from a can, took out a matchbox from his pocket and set the deceased ablaze. The deceased ran out and raised alarm; whereon, her neighbour Bhadda arrived at the spot and doused the fire by pouring water upon her. Durgesh, 15 years old son of the appellant and the deceased, was also present on the spot. Thereafter, the deceased called her mother Sukko Bai and narrated the incident to her. The First Information Report was lodged by the deceased at about 2:50 p.m. in P.S. Ghansaur. The dying declaration of the deceased was recorded at 6:00 p.m. the same day. The deceased had suffered 70% burns and as a result of the complications thereof, expired on 4.4.2006.

(3.) After the trial, learned Judge held that prosecution was able to prove beyond reasonable doubt that deceased Geeta Bai was wife of the appellant. She suffered a homicidal of death on 4.4.2006. Trial Court further held that on the basis of the dying declaration recorded by the Executive Magistrate on the date of the incident as well as on the basis of the First Information Report lodged by the deceased, which had acquired the status of a dying declaration after the death of the deceased, it was proved beyond reasonable doubt that pursuant to a very trivial domestic quarrel regarding misplacement of a shaving razor. The appellant got enraged, poured kerosene upon his wife and set her ablaze, causing 70% burns, which resulted in her death six days later.