KESHAV Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 1. 2. 1991 passed by the learned VIIth Additional Sessions Judge, Bhopal, in S. T. No. 119/89, whereby the learned Additional Sessions Judge has convicted the appellant under Section 302 of IPC for life imprisonment.

(2.) THE brief facts giving rise to this appeal are that on 3. 1. 1989, the deceased Bharti was living with the accused in the House No. T-21 situated at Tajmahal, Bhopal. On the fateful day at about 5. 30 p. m. , it is alleged that the accused poured kerosene oil on his wife Bharti and ablazed his wife. As a result of this fire, the entire body of the deceased was burned. She was immediately taken to hospital and at about 8. 45 p. m. Naib Tahsildar/executive Magistrate K. L. Indani (PW 6) recorded the dying declaration of the deceased Bharti. On 3. 1. 1989 on the basis of the information given by the neighbour of the accused Murli, Ramdev Yadav, A. S. I. (PW 11) went to the Hamidia Hospital. It is alleged that on the basis of the dying declaration given by the deceased in the hospital, offence was registered under Section 307 of IPC. Thereafter, on 10. 1. 1989 the deceased died in the hospital, therefore, offence was converted from Section 307 to Section 302 of the IPC.

(3.) DR. D. S. Badkur examined the dead body of the deceased. The accused denied the allegations and it is alleged that the deceased had, out of anger, made false statement against him. In defence, mother-in-law of the accused Heerabai (PW 1), neighbour Parmanand (PW 8), and Murlidhar (PW 9) were examined. The prosecution in support of its case examined as many as 17 witnesses. The learned Additional Sessions Judge after conclusion of trial, convicted the accused-appellant as aforesaid.