ASHOK DUBEY Vs. THE STATE OF M.P.

JUDGEMENT

(1.) - In the present Criminal Appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 challenge has been made to the order of conviction and sentence dated 10.06.2008 passed by learned Special Judge (Atrocities), Panna in Special Case No. 79/2007. By the impugned judgment the appellant has been convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/-, in default of payment of fine to suffer additional imprisonment for one year.

(2.) Prosecution story in short is that on 07.09.2007 at about 07:00 P.M., the present appellant Ashok Dubey killed Indrani Kori by pouring kerosene upon her and setting her ablaze. The report was lodged by the complainant Indrani Kori herself at about 08:00 A.M. on the same day of the incident i.e. 07.09.2007, stating therein that her marriage was solemnized at village Barbaspura. After her first husband left her she made Shiv Prasad as her husband of village Bharwara. Two years ago, Shiv Prasad died. Prior to the incident, for last 3-4 months, she started staying with the present appellant of village Kumhari treating him as her husband and she is residing at village Bharwara. It is alleged that there was some altercation between the present appellant and the deceased Indrani Kori for the last 2-3 days prior to the incident.

(3.) On 07.09.2007 the appellant abused Indrani Kori alleging her character and when she objected the same, the present appellant poured kerosene on her and ablazed her with a burning wooden log and thereafter, fled away from the place of incident. As a result, the deceased got burns in both her hands, chest, legs, back and face.