VINOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 26-8-2000 passed by the Additional Sessions Judge, Lakhnadaun District Seoni in Sessions trial No. 121/99 convicting the appellant under Section 302 of the Indian Penal code and sentencing him to imprisonment for life with fine of Rs. 1000/ -.

(2.) IN brief, the case of the prosecution is that appellant/accused was married to Panchshila (deceased) about 8-10 years prior to the incident. She was residing with the accused in Village Khamariya, within the jurisdiction of Police station, Chhapara. She was working as a health worker in Village Khamariya. On 30-4-1999, at about 5. 30 p. m. , when she returned from Chhapara, accused was sleeping. When he woke up, he got enraged and asked her as to why she had gone to Chhapara. He told her that she had gone to the house of Vijay Thakur and had indulged in promiscuity. He started assaulting and abusing her. Her sister Indrakala was also present there. When deceased went into her kitchen, accused reached there, poured kerosene on her and set fire to her by a stove and went away. When her sister returned after answering the call of nature, she extinguished the fire. Accused then again came inside the house and asked her that who ignited her. Number of persons assembled there. She told to them that the accused set fire to her after accusing her of unchastity.

(3.) REPORT of the incident (Exh. P-l) was lodged by Ku. Indrakala (P. W. 1) at Police Station, Chhapara at 7. 00 p. m. , on the basis of incident narrated to her by Panchshila. Panchshila was then sent to Community Health centre, Chhapara. Dr. Rajesh Kumar Vishwakarma (P. W. 7) examined her injuries and also recorded her dying declaration (Exh. P-20 ). Head Constable churaman Singh Baghel (P. W. 4) recorded her case diary statement (Exh. P-6 ). Thereafter, Panchshila was shifted to Nagpur Hospital where Head Constable punjab Rao (P. W. 5) recorded her dying declaration (Exh. D-l)