BHARAT LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed on 14/05/2009 under Section 374 (2) of Cr.P.C. by the appellant against the judgment dated 28.03.2009 passed by First Additional Sessions Judge, Seoni in Sessions Trial No. 65/2008. By the aforesaid judgment, the learned trial Court convicted appellant Bharat Lodhi for the offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment with a fine of Rs.2000/- with default stipulation.

(2.) The prosecution case in brief is that Jhinni Bai was the wife of appellant Bharat Lodhi. They were residing in village Mahgaon, Police Station Keolari, District Seoni. The accused was married with Jhinni Bai since 30 years back. Raj Kumari is the daughter of accused and deceased Jhinni Bai. This was the second marriage of accused. From his first wife a boy named Brajlal was born, who was the accused before the trial Court. But the said accused Brajlal has been acquitted by the lower Court. The accused used to quarrel with Jhinni Bai on everyday upon petty matters. In the intervening night of 11.04.2008- 12.04.2008, the accused beat Jinni Bai, because as per accused she was not serving his mother. In the morning, when Jhinni Bai was cleaning her house, the accused used filthy language and poured kerosene oil and set her ablaze. Mother of the deceased Sunia Bai was also residing in the same locality with a short distance who was coming at that time for taking the water from tap. She also saw the incident and tried to intervene but the accused also abused her. When she cried, several persons of village also came there. Thereafter, they rushed Jhinni Bai to the Police Station, Keolari.

(3.) Jhinni Bai lodged the First Information Report Ex. P/20 on 12.04.2008 at 8:20 a.m. Upon this report the police registered Crime No. 87/08 for the offence under Section 307/109 of IPC. After primary treatment Jhinni Bai was referred to the District Hospital, Seoni. Doctor also recorded the statement of Jhinni Bai upon the request of the police. Jhinni Bai was expired on 12.04.2008 at about 3:15 p.m. in the District Hospital, Seoni. Thereafter, the hospital authority sent the information to the police Ex. P/8. On the basis of Ex.P/8 the police Seoni registered the merg No. 08/09 Ex. P/7 and sent the merg diary to the police station, Keolari, where the original merg No.11/08 was registered.