VISHUNU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under section 374 Cr.P.C., 1973 by the accused is directed against the judgment of conviction and order of sentence dated 14/11/2007 passed in sessions trial No.102/2006 by the Additional Sessions Judge, Shujalpur, District Shajapur, convicting the appellant under section 302 and sentenced to suffer life imprisonment with fine of Rs. 200/- and in default of payment of fine to undergo one month rigorous imprisonment.

(2.) The undisputed fact is that the deceased Rekhabai was the wife of the appellant and died due to burn injuries in the hospital during treatment on the fateful day.

(3.) The prosecution story, in brief is that on 21/05/2006, Dr. Neelam Shukla, L.B.S.Hospital, Bhopal gave information to the Police Station Shahjanabad, Bhopal to the effect that Smt. Rekhabai resident of Pochaner was brought to the hospital for treatment in burnt condition. On receiving such information, the police personnel of Police Station, Shahjanabad, Bhopal reached the hospital and recorded the initial first information report at crime No.0X1 on 22/05/2006 under section 307 IPC (exhibit P/12) against the accused. However, looking to her serious condition, the requisite formalities have been completed for recording her dying declaration through Alok Pare, Naib Tehsildar (P.W.9). Thereafter, the Police Station, Shahjanabad Bhopal has forwarded the first information and the dying declaration to the Police Station A. Badodiya, District Shajapur whereat the original first information report at crime No.106/2006 was recorded (exhibit P/15). On 25/05/2006, an information was received from the hospital that the injured had died during treatment. Thereafter, after completing the necessary formalities her dead body was sent for post mortem to the Medico-legal Institute, Bhopal.