KAMAL KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 30.11.1998, passed by the Second Additional Sessions Judge, Bhopal, in Sessions Trial No. 141/1998, convicting him under section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) IN short, the facts of the prosecution case are that Sunita (deceased) was living with appellant as his wife at Bairagarh. Earlier Sunita was known by name Sayda Bee. She was living at Shabhapur of district Hoshangabad. Around three years before the incident appellant had brought her with him on the pretext that he would marry her. Since then she was living as his wife at Bairagarh. She had also given birth to a female child. On 24.2.1998, Sunita was admitted in Hamidia Hospital at Bhopal in burnt condition. Intimation of her admission in the hospital was sent to Police Station, Bairagarh. Sub -Inspector K.D. Gupta (PW 11) went to hospital and recorded her statement and requisitioned Naib Tahsildar -Executive Magistrate Shri R.K. Singh Tomar (PW 3) for recording her dying declaration. Sunita stated that she was living with appellant as his wife and was pressing him to perform marriage with her. On 24.2.1998, at about 12:00 noon, he sprinkled kerosene on her and ignited her with a match stick. Police registered a case under section 307 of the Indian Penal Code against the appellant vide First Information Report Ex. P -12. During investigation, Sub Inspector K.D. Gupta (PW 11) also recorded statement of Sunita under section 161 of the Code of Criminal Procedure. Dr. CP. Tiwari (PW 13) medically examined Sunita and found 35 to 40 percent superficial sort of burn injuries on her body. She was conscious. According to him, Sunita gave history that her husband had set fire to her after sprinkling kerosene on her. MLC report is Ex. P -15. During treatment in Hamidia Hospital, Sunita died on 25.3.1998. On her death, a Marg (Ex. C -1) was registered by the police. Her dead body was sent for postmortem examination. Dr. Vikas Kumar Dhruv, Medical Officer of Medico Legal Institute, Bhopal (PW 7) performed the postmortem examination. He found epidermal to dermal deep healing burns on the breast region, umbilicus region, anterior aspect of left limb, antero medical aspect of both things of back extending from upper part of shoulder up to the level of scapula and on gluteal region. In his opinion, death of Sunita occurred due to cardio -respiratory failure as a result of burns and its complications.

(3.) ON charge being framed under section 302 of the Indian Penal Code, appellant abjured his guilt and contended that at the time of occurrence he was driving minibus. In his defence he examined Dileep son of Reejumal (DW 1) and Dileep son of Terumal (DW 2).