ASHOK PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 28.09.2007 passed by the Sessions Judge, Jabalpur in S.T. No. 501/2006 by which the trial court has held the appellant guilty of an offence punishable under section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment.

(2.) The prosecution case, in brief, is that the appellant who was unemployed used to mistreat and beat up his wife, the deceased, as she often used to prevent him from selling house holds goods and grains. On 07.10.2006 the appellant again beat up the deceased/wife Poonam Patel and thereafter poured kerosene on her and set her on the fire as a result of which she suffered 90% burn injuries and ultimately succumbed to the same on 15.10.2006 while undergoing treatment at M.H. Hospital, Jabalpur.

(3.) According to the prosecution, immediately after the incident, the statement/Dehatinalishi of the deceased Poonam Patel was recorded on 07.10.2006 itself by Sheikh Riyaz, A.S.I., PW/3, Police Station, Panagar wherein she clearly stated that she had been beaten up by her husband and was thereafter set on fire after pouring kerosene on her body on 07.10.2006 at 9:00 PM. Her dying declaration was recorded by the Tahsildar Rajendra Rai PW/4 after certification by Dr. A.K. Verma PW/5. In the dying declaration the deceased has stated that she was beaten up and thereafter set on fire by the appellant after pouring kerosene on her body.