KUNWAR SINGH MARKAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the present appeal filed under Section 374(2) of Criminal Procedure Code, challenge has been made to the order of conviction and sentence dated 28-06-2008, passed by Additional Sessions Judge, Balaghat in S.T.No.34/2008, where by the appellant has been convicted under sections 498-A and 302 of IPC and sentenced to imprisonment for life and fine of Rs. 1000/-, in default, to suffer further one year R.I.

(2.) The appellant has been charged for killing his wife in the intervening night of 14-15th Dec. 2007, at about 12 in the night. The allegation is that he used to torture physically and mentally his wife and caused her death by throwing chaff on her and thereafter set fire by the clinder block. A report was lodged at Police Station Baihar and offence under sections 498-A and 323 of IPC was registered. Deceased Sukwanti Bai was sent for medical treatment. On 15-12-2007, dying declaration was registered by the Executive Magistrate vide Ex.P-8. Thereafter she had come to the house and died on 28-12-2007 after 10 days of the incident. Thereafter, offence under section 302 of IPC was registered against him. The dead body was sent for postmortem, which was conducted by PW-10 Dr. R.K.Chaturvedi and PW-12 Dr. N.S. Kumhare. After the investigation, the appellant was tried for murder of his wife and he was convicted as mentioned in the preceding paragraph.

(3.) The conviction of the appellant is based on the statements of the parents of the deceased, PW-1 Smt. Laxmi Bai, neighbors PW-2 Smt. Sumitra Bai, PW-3 Bajrangi, PW-6 Chetram, PW-7 Rambha Bai and PW-5 Anand Dongre (Kotwar) and also relying on dying declaration recorded vide Ex.P-8 on 15-12-2007 immediately after the incident.