PATIRAM Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this Criminal Appeal being aggrieved by judgment dated 9.7.2008 passed by the 6th Additional Sessions Judge, Gwalior, in Sessions Trial No.103/2007, whereby he has been convicted under Section 302 of IPC and sentenced to life imprisonment and fine of Rs.1,000/- and in default of fine, six months Additional R.I.

(2.) Prosecution story in short is that on 8.11.2016 Dr. O.P.S.Chauhan, Casualty Ward, JAH Hospital, Gwalior, informed the police that today at 16.15 hours Patiram Mahor has admitted his daughter-in-law Kusum wife of Mukesh Mohore, aged 20 years, in burnt condition. She was about 35-40% burnt. After registering this information at Rojnamacha Sanha No.450, enquiry was conducted. During enquiry, deceased Kusum died on 18.11.2006 at 3.15 hours. During enquiry, dying declaration (Ex.P/17) of the deceased was recorded by Naib Tahsildar Smt. Pushpa Pusham (PW-13) in which she has stated that her fatherin-law after pouring kerosene put her on fire and her father-in-law and mother-in-law were harassing her in connection with demand of dowry. Thereafter, FIR at Crime No.553/2006 was registered against the applicant, father-in-law, and co-accused, mother-inlaw, under Sections 304-B and 302 of IPC and matter was investigated. During investigation, police prepared the spot map (Ex.P/14), seized certain articles from the place of incident and also recorded the statements of the witnesses.

(3.) After investigation, police filed the charge-sheet before the Court of CJM, Gwalior, which committed the case to the Court of Session and from where the case was received by the trial Court for trial.