KASHI RAM KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is arising out of the Judgment dated 22.11.2008 passed by the Sessions Court, Sagar in Sessions Trial No.206/2008 convicting the appellant for offence punishable under Section 302 of the IPC and sentencing him to imprisonment for life and fine of Rs. 10,000/-; in default of payment of fine, additional imprisonment for 6 months.

(2.) The story of the prosecution, in brief, is that on 9.3.2008 during night hours at 9:00 o'clock at Nai Galla Mandi, within the jurisdiction of Police Station Moti Nagar, Sagar, Kashiram, the husband of the deceased, caused death of his wife Gendabai by setting her ablaze. The appellant/accused along with his wife Gendabai was living together for three years. The appellant having suspicion on her character used to forbid her from working elsewhere. On 9.3.2008 in the night hours at about 9:00 o'clock, Kashiram returned to home, he assaulted his wife by kicks and fists and thereafter set her on fire by pouring kerosene oil on her. On hearing hue and cry, her brother Mukesh (P.W.1) and sisterin-law Kamla (P.W.4) came there and meanwhile people of the Mohalla also came there and extinguished the fire by covering a blanket on her. Thereafter, she was admitted in a Government Hospital at Sagar by her brother Mukesh. From the hospital itself, information (Ex.P.15) was sent to Gopalganj Police Station. The alleged incident came under the jurisdiction of Motinagar Police Station from Gopalganj Police Station, as such information as per Ex.P.14 was sent. A.S.I Virendra Singh Kushwaha (P.W.10) of Motinagar Police Station went to the hospital and made an enquiry from Gendabai and her statement was reduced to in writing as per Ex.P.16, on the basis of which F.I.R. (Ex.P.17) has been registered in Crime No.172/2008 for offence under Section 307 of the IPC and also in the meanwhile, the ASI called the Naib Tehsildar S.D.Shrivastava (P.W.8) who recorded dying declaration (Ex.P.9) of the deceased on 9.3.2008. Thereafter, during enquiry, spot map (Ex.P.5) was prepared and articles soil containing kerosene oil, simple soil, burnt clothes, plastic box of kerosene were seized by seizure memo Ex.P.4. During the course of treatment, Gendabai died and intimation Ex.P.10 in this regard was sent by Dr. V.K.Sondhiya (P.W.6) to Police Station Gopalganj, on the basis of which, at Police Station Motinagar, a case was registered as per Ex.P.13 at Motinagar Police Station for offence under Section 302 of the IPC Thereafter, a charge sheet was filed for offence under section 302 of the IPC.

(3.) A charge under Section 302 of the IPC was framed by the trial Court. Twelve prosecution witnesses were examined by the prosecution. Statement of the accused was recorded under Section 313 of the Cr.P.C. The submission of the accused is that he has been falsely implicated in the instant case as he had not given money to the witnesses. The accused in his defence examined one witness Neemabai as D.W.1. His defence was also that he was not present at the place of incident.