SEVAKLAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 18. 04. 2007 passed in Sessions Trial No. 205/2006. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment alongwith fine of Rs. 1000/.

(2.) Prosecution case in brief is that relationship between the deceased and the appellant was not cordial. The appellant used to quarrel with the deceased and used to beat her. On the date of incident, at around 11 O'clock in the night, the deceased, who was the wife of the appellant, was sleeping in the house. The appellant came there. He abused the deceased. Thereafter, he had taken the deceased at the corner of the room and sprinkled kerosene on her and ablaze her. After hearing cry, other family members came on the spot. The deceased was taken to the Police Station Shahgarh. She lodged report on 10. 08. 2006. Thereafter, she was sent to the government hospital. Her dying declaration was recorded. Deceased died after seven days of the incident. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that the trial Court committed error in convicting and sentencing the appellant. Prosecution witnesses have not supported the case. If the prosecution case is accepted as it is, then also, the offence committed by the appellant would fall under Section 304 Part I of IPC because the incident had happened all of a sudden. There was no intention of the appellant to kill the deceased. Hence, the sentence of the appellant be awarded as already undergone.