RAJESH PATEL Vs. STATE OF M. P.

JUDGEMENT

(1.) Appellant/accused has filed this appeal, being aggrieved by the judgment dated 01.07.2008, passed by IVth Additional Sessions Judge, Jabalpur, in Sessions Trial No. 312/2007, whereby the appellant has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo for life imprisonment and fine of Rs. 500/-, with default stipulation.

(2.) It is not in dispute that on the date of incident i.e. 05.06.2007 deceased Hemabai was residing with the appellant as his wife since six months. She sustained burn injuries at the house of the appellant and died on 13.06.2007 due to aforesaid injuries.

(3.) In brief, the prosecution case is that deceased Hemabai has been living with the appellant as his wife since last three months at Village Kailwas, Police Station Barela Distt. Jabalpur. On 05.06.2007 at about 10:00 p.m. at their house, the appellant poured kerosene on her and set ablaze her. She sustained grievous burn injuries and her relatives from paternal side brought her to the hospital for her treatment. Two Executive Magistrates have recorded her two dying declarations. She died on 13.06.2007. Thereafter, Police registered crime under Section 302 in the alternative 304B of IPC against the appellant. After due investigation, charge-sheet was filed against the appellate before the concerned Court.