SHANKER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 16.11.2007 passed in Sessions Trial No.155/2006. The trial Court held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code and awarded sentence of life imprisonment alongwith fine of Rs.100/.

(2.) Prosecution story in brief is that deceased was the wife of the appellant. Appellant used to quarrel with the deceased. He used to beat her after consuming liquor because he had apprehension about the character of the deceased. On 20.02.2006, at around 9:30 in the night, deceased was cooking food, appellant came there, he was in a drunken state. The food was cooked. The appellant told the deceased to leave the house. He quarreled with the deceased and beaten her by fists and legs. Thereafter, he poured kerosene on the deceased after taking out kerosene from a kerosene lamp and ablaze her. The incident was witnessed by the daughter of the appellant. She doused the fire and informed the neighbour. Deceased herself went to the hospital at Sausar on foot. Her dying declaration was recorded. She died on 10.03.2006. Police conducted investigation and filed charge-sheet against the appellant. The appellant abjured the guilt and pleaded innocence. The trial Court, after trial, held the appellant guilty for commission of offence and awarded sentence as mentioned above in the judgment.

(3.) Learned Amicus Curiae for the appellant has submitted that the trial Court committed error in convicting and sentencing the appellant. Prosecution witnesses have not supported the case. If the prosecution case is accepted as it is, then also, the offence committed by the appellant would fall under Section 304 Part I of IPC because the incident had happened all of a sudden. Hence, the sentence of the appellant be awarded as already undergone.