RAJESH @ GOCHE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under section 374 (2) of Criminal Procedure Code has been preferred by the appellant against the judgment dated 30.01.2009 passed in Session Trial No. 159/2008 by the learned Sessions Judge, Sagar. whereby, the appellant has been convicted for commission of offences punishable under Section 354 of IPC, sentenced for 2 years R.I. and fine of Rs. 1,000/- and under Section 302 of IPC, sentenced for Life imprisonment and fine of Rs. 5,000/- with default stipulation.

(2.) The case of prosecution in short is that on 04.02008, Jitendra (brother-in-law) of deceased came to her parental house to take her. Accused-Rajesh went to her matrimonial house at gram Maswasi Baheriya to drop them in his motor cycle. On that day, in the evening at around 7 p.m., when deceased was alone then Rajesh came to her and told her to come with him but she refused. To outrage her modesty, accused hold her hand then she got rid of her hand and went to the room and sat near the hearth. Accused entered into there and poured the kerosene oil upon her body and set her on fire. On her cry, father-in-law, mother-in-law and sister-in-law (Jethani) came there then accused ran away from the spot. She was admitted at Tili Hospital, Sagar. On her statement Dehati Nalishi (Ex.P-10) was written by the A.S.I. K.P. Sen. Thereafter, F.I.R. was registered as Ex. P-18 under Sections 307, 354 of IPC.

(3.) Dr. R.K. Mishra (PW-11) conducted the medical examination of her and opined that she was burnt up to 95 percent and burn injuries were found in her body. Medical report marked as Ex. P-7.