RAMAVATAR SAHU @ RAMAUTAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellant under section 374 (2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment of conviction and order of sentence dated 05.05.2008, delivered by the learned First Additional Sessions Judge, Sidhi, in Sessions Trial No.189/2007, whereby the appellant has been found guilty for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 500/-, and under section 449 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 500/-, with default stipulations.

(2.) The case of the prosecution in brief is that on 16.08.2007 at about 8.30 pm, when Ramkali was alone in her house, the accused/appellant entered into her house and threw a burning kerosene chimney on her body and set her ablaze. Thereafter, the appellant closed the door from outside and ran away. She cried for help whereupon her son Ramprasad Sahu (PW/1) and her husband Shobhnath Sahu (PW/2), who were coming towards the house heard her cry, rushed to the house and immediately extinguished the fire. Thereafter, they took Ramkali to the District Hospital, Sidhi. On the basis of Dehati Nalishi (Exhibit P- 14), an FIR (Exhibit P-15) of the incident was lodged on 20.08.2008. It is further alleged that on 01.09.2007 the District Hospital, Sidhi advised the family members of Ramkali Bai to shift her to Rewa District Hospital, but they did not do so and on 03.09.2007 she succumbed to the burnt injuries. The statements of witnesses were recorded and after usual investigation, chargesheet has been filed before the Court.

(3.) The appellant has been charged under sections 302 and 449 of the IPC. He abjured his guilt and pleaded innocence.