SANJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 22.01.2008 passed by learned Additional Sessions Judge, Sohagpur, District Hoshangabad in Sessions Trial No.313/2006 whereby the appellant was held guilty for offence punishable under Section 302 of IPC and directed to undergo rigorous imprisonment for life with fine of Rs.500/- with default stipulation.

(2.) Facts giving rise to the present appeal fall within a very narrow compass and are being stated at the very outset.

(3.) The case of the prosecution is that on 09.07.2006, at around 12 p.m., the appellant had poured kerosene on his wife Babita and set her ablaze. The dehati nalishi (Ex.P.-19) was recorded on the report of Babita on 10.07.2006. Babita stated that her marriage was solemnized with the appellant on 24.06.2006. On 09.07.2006, Babita was unwell and, therefore, she informed her husband that she intends to sleep at a different place. Her husband got annoyed by this and poured kerosene on her and set her ablaze. The family members took her to the Government Hospital, Pipariya. MLC report (Ex.P- 13) was prepared by Dr. Anuradha Dehariya (PW-14). The dying declaration of Babita was recorded by Shri S.N. Solanki, Tahasildar/Executive Magistrate (PW -18). On the basis of dehati nalishi of Police Station Pipariya, FIR (Ex.P-20) was lodged. The dying declaration was recorded by the said Executive Magistrate in presence of Dr. Anuradha Dehariya (PW-14).