PARU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred present appeal under section 374 of the Cr.P.C., 1973 being aggrieved with his conviction by the judgment dated 01/02/2001 passed by Additional Sessions Judge, Jhabua in S.T. No. 378/2000, by which the appellant has been convicted for the offence punishable under Sections 498(A), 302 of the IPC and sentenced to undergo R.I. for 2 years and to pay fine Rs. 500/-and sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/- respectively with usual default stipulation.

(2.) It is admitted fact that the deceased-Kalibai was the wife of the appellant-Paru, who has died due to burn injuries.

(3.) The prosecution story is in short is that on 06/06/2000 at about 7:45 p.m., Kalibai-wife of the appellant was brought to District Hospital, Jhabua in 85% burnt condition. In this regard Medical Officer sent an intimation (Ex.P/14) to the Police-Station Jhabua. After receiving the information Police reached at the Hospital and make arrangement for recording her dying declaration. Executive Magistrate-Naresh Kumar Barole (PW 9) has recorded the dying declaration of the Kalibai, in which she stated that her husband after pouring kerosene on her person set her on fire for the reson that she had no son, her husband was angry with this and he used to beat her. On 06/06/2000 at about 11:15 p.m., Kalibai succumbed to the injuries at hospital during treatment. Sub-Inspector-Idla Mourya (PW 10) after receiving the information about the death of the Kalibai registered the inquest No. 39/2000 under section 174 of the Cr.P.C., 1973. During the Merg inquiry he prepared lash panchnama of the deceased Kalibai and her body was sent for the postmortem. Thereafter, an FIR (Ex. P/17) bearing Crime No. 243/2000 has been registered at Police-Station-Jhabua for the offence punishable under Sections 498(A) and 302 of the IPC against the appellant.