RAJU @ MANJLE Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment of conviction and sentence dated 29.01.2008 passed by 6th Addl. Sessions Judge (F.T.C.), Sagar, District Sagar, in Sessions Trial No. 309/2007 whereby the appellant has been convicted under Section 302 of the IPC for committing murder of his wife Maltibai and sentenced to undergo life imprisonment along with fine of Rs. 1,000/-, in default six months R.I., and also convicted under section 498-A of the I.P.C. for subjecting the deceased to cruelty for demand of dowry and sentenced to R.I. for 3 years along with fine of Rs. 500/-, in default R.I. for three months.

(2.) In this case, it is not disputed that marriage of appellant was solemnized with deceased Malti 4-5 years prior to the date of incident. It is also not disputed that appellant himself took the deceased to District hospital, Sagar, where she was admitted. It is also not disputed that deceased succumbed to death due to burn injuries on the next day.

(3.) The prosecution story, in brief, is that on 2.6.2007 at about 10.00 PM, deceased Maltibai burnt at her matrimonial house situate at Poddar Colony, Sagar, and the appellant informed his father-in-law Jhalkan, PW1, about the incident. Thereafter, Jhalkan, PW1 and mother-in-law Jamnabai, PW2 and brother-in-laws Ramdas, PW3 and Balakdas, PW4, came on the spot and found the deceased lying in burnt condition. Near her a plastic cane containing kerosene, match box and raw material for food preparation were found. Thereafter, appellant shifted the deceased to Sagar Hospital and informed the police at Police Station Gopalgunj, Sagar, vide letter, Ex.P/6 about the admission of the deceased in the hospital in burnt condition. Later, on 6.2007 Executive Magistrate S.L. Vishwakarma, PW12 recorded the dying declaration of the deceased, Ex. P/18 on the certification of Dr. A.K. Kastwar, PW9 and on 4.6.2007 injured Maltibai died on account of burn injuries. Her post mortem was conducted and as per the post mortem report cause of death was shock and complication due to 96% burn injuries. Information of the incident was given at Police Station Gopalgunj on which FIR, Ex.P/5, was registered at Crime No. 239/2007 under section 302 of the I.P.C. During investigation it revealed that deceased was subjected to cruelty in connection with demand of dowry and her marriage had taken place 4-5 years before the incident. During investigation burnt clothes of the deceased and plastic cane containing kerosene oil were seized from the place of incident and were sent to FSL for chemical examination. The appellant was arrested. Thereafter, on completion of investigation, charge-sheet under sections 302 and 304-B and 498-A of the I.P.C. was filed against the appellant before JMFC Sagar who committed the case to the court of Sessions, Sagar and after getting the case on transfer 6th ASJ Sagar tried the case.