GAJRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the judgment dated 25.05.2005, passed by Sessions Judge in S.T. No. 15/2005, whereby the appellant/accused has been convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment and fine of Rs. 1000/- with default stipulations for committing murder of his wife Mamta.

(2.) The case of the prosecution is that, on 09.11.2004 at village Bamhori, District Seoni, for some domestic dispute the appellant/accused poured kerosene oil on his wife Mamta and set her ablaze. On the report of victim Mamta herself, police station Seoni lodged Dehatinalishi (Ex. P/2) and FIR (Ex. P/3) crime has been registered for offence under Section 307 of IPC against the appellant. Police recorded the statement of Mamta (Ex. P/18) under Section 161 of Cr.P.C. during her treatment at hospital. Her dying declaration (Ex. P/8) was recorded by Nayab Tehsildar. She died during treatment on 12.11.2004. Hence, the case has been converted under Section 302 of IPC, against the appellant. After investigation, charge-sheet has been filed. Learned Trial Court after committal of the case framed charge under Section 302 of IPC. The appellant abjured guilt.

(3.) The Learned Trial Court convicted the appellant under Section 302 of IPC on the basis of the dying declarations (Ex. P/8), Dehatinalishi (Ex. P/2) and FIR (Ex. P/3) and statement under Section 161 of Cr.P.C which (Ex. P/18) were also treated as the dying declaration under Section 32 of the Evidence Act. Learned Trial Court did not accept the defence of the appellant/accused that the deceased got accidentally burnt while cooking food and the appellant was falsely implicated by the family members of the deceased. The learned Trial Court convicted the appellant under Section 302 of IPC and sentenced the appellant to life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, additional S.I for 5 months.