LAKHAN LAL Vs. STATE OF M P

JUDGEMENT

(1.) :- Feeling aggrieved by the judgment of conviction and order of sentence dated 6-8-1997 passed by learned Ist Additional Sessions Judge, tikamgarh in S. T. No. 63/94 convicting the appellant under Ss. 302, 201 and 498-A of i. P. C. and sentencing him to suffer life imprisonment, 3 years RI respectively, the appellant has preferred this appeal under s. 374 (2) of the Code of Criminal Procedure,1973.

(2.) IN brief the prosecution's case is that savitri Bai (hereinafter referred to as deceased) is the wife of appellant. Their marriage took place in the year 1987. The behaviour of appellant was cordial with the deceased up to 3-4 years of the marriage, but, thereafter appellant started ill-treating the deceased and was causing Maarpeet as well as taunting on her. It is also the case of the prosecution that appellant was making a demand of Rs. 5,000/-, watch, radio, cycle etc.

(3.) IN between the night of 28-29/3/94 appellant caused Marpeet to the deceased. It is the further case of prosecution that in between the night of 28-29/3/94 at 4. 00 a. m. appellant went to evacuate and deceased was preparing tea on the stove. Accidentally her sari caught fire from flame of the stove, as a result of which she shrieked and on hearing her scream Bhaggu Barar (P. W. 2) who is the father of appellant came there and extinguished the fire by dousing the water. However, by the time that fire could be extinguished, the deceased received 95% burn injuries. Accordingly to the prosecution, after pouring the kerosene on deceased she was subjected to fire. An FIR (Exhibit P-6) was lodged by Bhaggu Barar (P. W. 2) who is the father of appellant.