PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being ag- grieved by the impugned judgment of conviction and order of sen- tence dated 5.1.2007 passed by First Addl. Sessions Judge, Tikamgarh, District Tikamgarh, in Sessions Trial No.201/2004 whereby the appellant has been convicted under Section 302 of IPC and sentenced him to undergo rigorous life imprisonment along with fine of Rs.500/-; in default of payment of fine, additional two months RI.

(2.) In this case, it is not disputed that appellant is husband of deceased Shantidevi while co-accused Lacchibai is mother-in-law and Kamlabai is sister-in-law of the deceased, who were also charged and tried along with the appellant for the offence punishable under section 302 read with section 34 of the I.P.C. for committing murder of the deceased. However, they have been acquitted of the charge from the trial court.

(3.) In brief, the relevant facts of the case are that on 27.5.2004 nearabout 2 PM at village Dhajrai, Tahsil Tikamgarh, the appellant was consuming liquor in his house and was taking food. His wife Shantibai stopped the appellant from consuming liquor. On this, some altercation took place between them, then co-accused mother-in-law Lachhibai and sister-in-law Kamlabai caught hold the deceased and appellant poured kerosene oil on the person of the deceased and set her ablaze by igniting fire from the match stick. After the incident, the deceased was taken to Rajendra Hospital, Tikamgarh, by co-accused Lachhibai and Kamlabai and the Hospital authority informed the police. The statement of the deceased, Ex.P/4, was recorded by Shri O.P.Sharma, Executive Mag- istrate (Naib Tahsildar) in presence of the doctor in which deceased stated that she was burnt accidently during cooking food. After arrival of parents of the deceased in the Hospital on the same day, the deceased disclosed that she was burnt by the appellant and his mother and sister as per the prosecution story. Thereafter, on 28.5.2004 Executive Magistrate Shri R.N.Gupata, S.D.M. has recorded another dying declaration of the deceased, Ex.P/6, in which the deceased has disclosed that during the incident mother-in-law and sister-in-law have caught hold her and the appellant has poured kerosene oil upon her and set her ablaze. Thereafter, initially Police Station Kotwali, Tikamgarh, lodged FIR vide Crime No.294/04 for the offence under section 307 / 34 of the I.P.C. The deceased was referred to Gwalior for treatment. During treatment, deceased Shantidevi died on 31.5.2004. Post mortem of the deceased was conducted on 1.6.2004 at Gajra Raje Medical College, Gwalior. The offence was converted into section 302 / 34 of the I.P.C. After completion of investigation, charge-sheet was filed before CJM, Tikamgarh, who committed the case to the Court of Sessions, who transferred the case to the court of Addl. Sessions Judge, Tikamgarh.