JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and order of sentence dated 30.04.2007 passed by the II Additional Sessions Judge (Fast Track), Vidisha (M.P.) in Sessions Trial No.124/2006 convicting the appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life with a fine of Rs.3,000/-, in default three months' RI, this appeal under Section 374 of the Code of Criminal Procedure, 1973 ("Code for brevity") has been preferred.

(2.) The undisputed facts are that the incident had taken place on 16.01.2006 in which the present appellant caused murder of his wife, namely, Daula Bai @ Maya Bai (hereinafter referred to as "Deceased"), to which an offence was registered at Crime No.69/06 under Section 302 of IPC on the intimation given by Phool Singh (PW-1). Arpit (PW-5) is the son of the appellant and the deceased not born out of the wedlock of the appellant and the deceased but at the time of marriage of the appellant and the deceased, he was in her womb with the previous husband. The conviction of the appellant is based on the sole testimony of the said child witness. It is also not in dispute that the deceased died on account of the 100% burns sustained by her and the appellant also sustained 40% burns in the same incident.

(3.) The prosecution story, in nutshell, which emerges is that deceased was the wife of the accused-appellant Jagdish. The first marriage of deceased was solemnized at village Neemkheda near Lalitpur. After her marriage, accused/ appellant had brought her from her matrimonial home and solemnized court marriage. At that time, the deceased was pregnant and later she gave birth to her child, namely, Arpit (PW-5). A male child, namely, Ankit was also born out of the wedlock of accused and the deceased. Prior to the incident, accused had started living with the deceased in a house constructed at Vidisha. On 16.01.2006, in the night, as alleged, the accused assaulted the deceased by means of shoes and then pressed her neck due to which her tongue came out. Then, accused sprinkled kerosene on the cot on which she was sleeping and set her ablaze. His son Arpit (PW-5) was there and he also received burn injuries on face and other parts of the body, on which he left out of the house. Phool Singh (PW-1) and Bhoori Bai (PW-2) rushed to the spot on hearing screams. On rapid intimation, police reached the spot and recorded Marg as Ex.P-1. Burnt articles and clothes were seized vide seizure memo Ex.P-5 and spot map Ex.P-4 was also prepared. Scientific officer Vinod Shrivastava (PW-8) prepared the spot map Ex.P11 and jotted down the details of the articles according to their lying position on the spot Vide Ex.P-10. Naib Tahsildar Dr. Sudeep Meena (PW15) prepared Naksha Panchayatnama Ex.P-3 after safeena form Ex.P-2. The dead body was sent for autopsy and Post-mortem report is Ex.P6. Accused and child Arpit (PW-5) who were also burnt were medically examined. Seized articles were sent to FSL through Superintendent of Police, Vidisha (M.P.). The FSL report is Ex.P-16. After enquiry in the Marg Intimation Ex.P-12, FIR Ex.P-13 was registered. After thorough investigation, charge-sheet was filed before the Chief Judicial Magistrate, Vidisha who in turn committed it to the Court of Session wherefrom it was transferred to the II Additional Sessions Judge, Vidisha (M.P.) for trial.