MARUTI RAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant/accused-Maruti Rao against the judgment of conviction and order of sentence dated 05/10/2009 passed by 9th Additional Sessions Judge, Bhopal by which he has been convicted under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-, in default of payment of fine, further RI for one month.

(2.) As per prosecution story, on 12/10/2008 at 6.10 p.m. Dr.J.K. Chourasiya (PW-8) was informed from Hamidiya Hospital, Bhopal to the Police Station, T.T. Nagar, Bhopal that Smt. Bali wife of Maruti Rao, aged about 30 years, R/o 52 Quarters, Panchsheel Nagar was admitted in the hospital due to burn injury and after receiving the said information, Daily diary (Rojnamcha) (Ex.P/10) was registered and directed to A.S.I. Shri K.K. Sharma (PW-10) for further investigation. Therefore, on 12/10/2008 at 9.15 p.m. her dying declaration (Ex.P/12) was recorded and during treatment Smt. Bali alias Sangeeta died on 18/10/2008. Her dead body was sent for medical examination and post-mortem was conducted vide Ex.P/11 and after that the doctor gave memorandum of post-mortem (Ex.P/12) and picture of burn injury as Ex.P/3. The Police investigated the matter under Section 174 of Cr.P.C. and registered the offence against the appellant under Section 302 of IPC. After necessary investigation, charge sheet was filed before the Judicial Magistrate First Class by the Police who committed the matter to the Court of Sessions. Before Session Court, accused was charged under Section 302 of IPC. Appellant abjured his guilt and pleaded for trial.

(3.) Statement of 12 witnesses have been recorded before the trial Court. In defence the appellant has recorded statement of Meera Bai (DW-1) and Prashant Gulab Bagde (DW-2), mother and brother of the deceased. During trial Indra (PW-1), land lady, Tanu (PW-2), daughter of deceased, Malind (PW-3) son of the deceased, Sheshrao (PW-5), seizure witness and Raju Kadhane (PW-6), eye witnesses did not support the case of prosecution and they all have been declared hostile.