RAVINDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 28.09.2011 passed by First Additional Sessions Judge, Dhar (M.P.) in Sessions Trial No273/2007, whereby appellant Ravindra has been convicted of offence under Sections 302 of IPC and sentenced to life imprisonment with fine of Rs. 500/- with default stipulation.

(2.) It is admitted fact that the deceased Anita was a daughter of Heeralal (PW-1), she was married to the appellantRavindra about 7 years prior to her death. They having two children namely Kumari Arti and Rohan. The appellant was resided with the deceased at Housing Board Colony, Pithampur. Deceased- Anita was admitted in Choithram Hospital, Indore for treatment of burn injuries and during this she was died on 06.09.2007.

(3.) Brief facts which are necessary for disposal of the instant appeal are that on 02.09.2007 a quarrel took place between the appellant and her wife Anita. The appellant had beaten her wife-Anita and in order to kill her, he poured kerosene on her body and ablazed her due to which Anita sustained 98% burn injury, thereafter, she was brought to the Choithram Hospital, Indore for treatment, where on 04.09.2007 Dr. Sobha Chamaniya (PW-10) had recorded her dying declaration. On the request of the police, on the same day Executive Magistrate Rajnees Shrivastava also recorded the dying declaration of Anita. During the treatment Anita had died on 06.09.2007 and an intimation of her death was sent to the police station- Rajendra Nagar, Indore. On the basis of aforesaid, merg was registered under Section 174 of Cr.P.C. The police had initiated inquest, the Panchanama of dead body of Anita was prepared by Naib Tehsildar Smt. Radha Mahant and her dead body was sent for postmortem. The merg intimation was transferred to the police Station-Pithampur under the area of which the incident took place. On 16.09.2007 Police Station-Pithampur registered FIR (Ex. P/26) at crime No.141/2007 and investigated the matter. The spot map (Ex. P/34) was prepared, container of kerosene, match box and burn cloths of the deceased were seized from the place of occurrence. The statements of witnesses were recorded. The accused was arrested and after completion of investigation, the charge-sheet was filed before the Chief Judicial Magistrate, Dhar, who committed the case to the Court of Sessions Judge, Dhar and ultimately it was transferred to First Additional Sessions Judge, Dhar.