GOPYA ALIAS GOPAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions Judge, burhanpur in S. T. No. 202/96, decided on 24. 12. 98.

(2.) APPELLANT has been convicted under Section 302 of IPC and sentenced to imprisonment for life by the impugned judgment.

(3.) ACCORDING to prosecution, deceased Bharat (hereinafter referred to as 'deceased') used to live with his father and sister at Kala Bagh, Burhanpur. His mother had illicit relations with the appellant and had started living with him. On 27. 6. 96 at about 5. 30 P. M. , appellant Gopya @ Gopal entered into the house of the deceased, uttered filthy abuses, quarrelled with him, poured kerosene oil over him, set him ablaze and fled away. Deceased Bharat was rushed to the Govt. Hospital Burhanpur. On receipt of telephonic information from the Hospital, after preliminary enquiry an offence was registered against the appellant at Police station Ganpati Naka and was investigated. The dying declaration of the deceased was also recorded. Deceased Bharat, however, succumbed to his burn injuries on 28. 6. 96 at 5. 30 A. M. The intimation of his death was sent to the Police, whereupon merg intimation was recorded and merg inquest report was prepared. The dead body of deceased Bharat was sent for postmortem examination. During investigation kerosene oil container and half burnt clothes of the deceased were seized from the spot. Spot map was drawn. After due investigation, appellant was prosecuted under Section 452, 302, 342 of IPC.