HEMRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal preferred against judgment dated 14-9 -1988 in S.T. No. 229/1986 of the III Additional Sessions Judge, Jabalpur Where by the accused/appellant has been convicted u/Sec. 302 of the IPC and sentenced to imprisonment for life for committing the murder of his wife Rani Bai, by setting her on fire.

(2.) Undisputably, the deceased was the wife of the accusedT/appellant and they were living together at Katanga Colony, Jabalpur. On the/night of incident, i.e., on 23-2-1986 at about 11.00 p.m., the accused/appellant and Panchhiram (PW 5) had taken Rani Bai in a burnt state to the Victoria Hospital. Jabalpur, where she was administered treatment by Dr. Anil Dubey (PW 1). However, she succumbed to the injuries and died later on that night.

(3.) According to the prosecution case, the accused/appellant wanted to marry again, which was being protested by the deceased wife Rani Bai. On the night of incident also, the deceased had a quarrel with the accused/ appellant on the above issue, where after the deceased poured kerosene oil on herself and the accused/appellant ignited her by a match-stick. She got extensive burnt and raised an alarm, hearing which Panchhiram (PW 5) and his wife Yeshodabai (PW 3) came to the spot where after Rani Bai was taken to the hospital. Dr. Anil Dubey (PW 1) initially examined her and she was also treated by Dr. Anil Sharma (PW 1). The dying declaration (Ex. P14) of the deceased was recorded by Naib-Tahsildar, G.P. Gothia (PW 11) and A.S.I, T.K. Pandey (PW 7) recorded the First Information Report (Ex. PlO) at P.S. Gorakhpur. After the death of deceased, postmortem was conducted by Dr. B.M. Shrivastava (PW 8) who found extensive burn injuries on the person of the deceased as detailed by him in his postmortem report (Ex. P 12). In the opinion of the doctor the cause of death was shock on account of extensive burn injuries.