DHARAMDAS PANIKA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 30.11.2005, passed by learned Ist Addl.Sessions Judge, Shahdol in Sessions Trial No. 154/2005, whereby the appellant has been found guilty for the offence punishable under Section 302 of IPC and has been sentenced to undergo life imprisonment and fine of Rs.2000/-,with default stipulation.

(2.) The prosecution story setting in motion the aforesaid trial, in nut shell, is that deceased Shyamkali and accused-appellant Dharamdas loved each other and got married against the wishes of her mother Ramratibai (PW.1) and were living together for the last 5-6 months. According to prosecution, on the fateful night Shankar (DW.1) ate bread in the house of accused and went away. Thereafter, the appellant came home at about 9.30 PM and on coming to know that Shankar had eaten bread hit the deceased and set her on fire after pouring kerosene on her. Hearing the shouts of the deceased Ramratibai (PW.1) mother of the deceased, Jitendra Kumar (PW.2) brother of the deceased and Pooranlal (PW.3) brother of the appellant all came to the spot and extinguished the fire. Pooranlal (PW.3) then took the deceased to Primary Health Centre, Amarkantak for treatment where she was treated by Dr.S.K.Singh (PW.11) who then informed the matter to the Police Station- Amarkantak vide Ex.P/19. Yogendra Singh Mourya (PW.7) Naib Tahsildar recorded the dying declaration (Ex.P/15) of the deceased at about 11.45 PM. On this information,offence under Section 307 of the IPC was registered against the appellant which was later on converted to Section 302 IPC as the injured Shyamkali succumbed to the injuries after 25 days of the incident.

(3.) To bring home the charge, prosecution examined 13 witnesses. The accused-appellant abjured the guilt and pleaded false implication. He has examined Shankar as DW.1 and himself as DW.2. The definite case of the defence was that appellant and Shankar (DW.1) were eating food in the night. The deceased went inside the room to make more bread. As there was no electricity in the house, while lightening the Chimney the kerosene accidentally fell on her and she got burnt. The appellant tried to extinguish the fire and got himself burnt in that process.