AVINASH ALIAS GUDDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by Additional Sessions Judge, Narsinghpur in s. T. No. 154/96 decided on 9. 8. 99.

(2.) APPELLANT has been convicted under Section 302 of ipc for committing murder of his wife Beena Bai and sentenced to imprisonment for life with fine of Rs. 500/-, in default rigorous imprisonment for three months, by impugned judgment.

(3.) ACCORDING to prosecution, on 5. 4. 96 A. S. I. S. S. Khan received a telephonic information at Police Station Kareli from sarpanch of village Mohad that appellant Avinash @ Gudda had burnt his wife and son by pouring kerosene oil over them. After recording this information in Rojnamcha, A. S. I. S. S. Khan reached the spot and found that Beena Bai and her son Manish aged about 2? years were in burnt condition. The FIR of the incident in the form of Dehati Nalishi was recorded at the instance of Beena Bai, on the basis of which an offence was registered against the appellant at Police Station kareli and was investigated. Both Beena bai and her son Manish were sent to the hospital. The dying declaration of Beena Bai was recorded at the hospital by Executive magistrate-cum-Tahsildar Yashwant Singh. Beena Bai, however, succumbed to her burn injuries on 6. 4. 96 at 7. 10 in the morning, whereas her son Manish succumbed to his burn injuries at 5 'o'clock in the morning on 6. 4. 96. Intimation of their death was sent to the Police by hospital authorities. Merg intimation was then recorded and merg inquest reports were prepared. The dead bodies of deceased Beena Bai and Manish were sent for postmortem examination. After other usual investigation, appellant was prosecuted under Section 302 of IPC for committing murder of his wife and son and was put to trial.