SHIV KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal appeal No.510/2009 has been filed on 07.03.2009 under Section 374 (2) of Cr.P.C. by appellants/accused Shiv Kumar, Smt. Vidya Bai, Makkhan and Madanlal. Criminal Appeal No. 538/2009 has been filed on 13.03.2009 under Section 374(2) of Cr.P.C. by appellant/accused Dr. Deepak Narayan Pandey. Both appeals have been filed against the judgment dated 28.02.2009 passed by Additional Sessions Judge, Lakhnadon in Sessions Trial No. 50/2007, by which the lower Court convicted the appellant Nos. 1 to 4 under Sections 302 r/w 34 and 201 and 498-A of the IPC. and appellant Dr. Deepak Narayan Pandey only under Section 201 (Part-I) of the IPC. The lower Court awarded the sentence of appellant Nos.1 to 4 for life imprisonment with a fine of Rs.1000/- each for the offence punishable under Section 302 of IPC, two years rigorous imprisonment with a fine of Rs.1000/- for the offence punishable under Section 201(Part-I) of IPC and three years rigorous imprisonment with fine of Rs.1000/- for the offence punishable under Section 498-A of the IPC. The lower Court awarded the two years rigorous imprisonment with a fine of Rs.1000/- to the appellant/accused Dr. Deepak Narayan Pandey under Section 201 (Part-I) of IPC, with default stipulations.

(2.) It is an admitted fact in this case that deceased Prabha Bai was married with appellant/accused Makkhan on 27.05.2005. During the pendency of this appeal accused Makkhan has been expired. Appellants/accused Shiv Kumar and Smt. Vidya Bai are the father and mother of Makkhan whereas Madanlal is the younger brother of the Makkhan. They were residing in village Gosai, Khamariya Tahsil, Lakhanadon, District Seoni. Deceased Prabha Bai had expired on 23.01.2007 in the said house.

(3.) The prosecution case, in brief, before the lower Court was that during the intervening night on 23-24/01/2007 at about 12.45 a.m., Rooplal S/o Charanlal gave the information to the police Lakhnadon that a fire incident took place in the house of Shiv Kumar Rajak at about 9.15 p.m. in which the daughter-in-law of Shiv Kumar was burnt. The fire brigade reached the spot and controlled the fire. Upon this information police registered the Merg No.3/07 (Ex. P/19) under Section 174 of Cr.P.C.