LAXMI ALIAS CHHOTELAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment dated 29.9.1995 passed by 1st Additional Sessions Judge, Mandla in Sessions Trial No.73/1990 whereby the appellant has been convicted under Section 302 of Indian Penal Code and sentenced for life imprisonment and fine of Rs.500/- with default stipulation.

(2.) It is not in dispute that appellant is the brother-in-law of the deceased. At the time of incident, wife of the deceased was living with the appellant.

(3.) In brief, the prosecution case is that on 18.2.1990 at about 10.00 PM at the house of appellant at village Bamni, Chhotelal (since deceased) came to take his wife Meerbai, but she was not willing to go with him. The appellant came with Chhotelal at his house. One Ramadhar Patel also came there. When Chhotelal and Ramadhar were sleeping, appellant came there and took a stove. Thereafter he poured kerosene oil on Chhotelal and set him on fire. On the same day, at about 11.45 pm Dr. A.K. Jain, Assistant Surgeon of Primary Health Centre recorded dying declaration of the deceased and sent the information to police station, Bamni District Mandla. Thereafter FIR was lodged by the deceased. After some time Chhotelal died. Charge sheet has been filed against the appellant under Section 302 of IPC.