SHIVRAM KASHINATH NANDANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 30/1/1999 passed by learned I Additional Sessions Judge, Waraseoni district Balaghat in Sessions Trial No. 43/97 convicting appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine Rs. 50/-in default, further R. I. of one month, this appeal has been preferred by the appellant under Section 374 (2) of the Criminal Procedure Code.

(2.) IN brief the case of prosecution is that Manda Bai (hereinafter referred to as 'the deceased') was the wife of appellant. According to the prosecution, the appellant is a drunkard and he happened to maltreat the deceased as a result of which she went away to her parents house and after some days they again came back to the matrimonial house. It is the further case of prosecution that on the date of incident i. e. 10. 12. 1996 in the morning appellant after consuming liquor caused marpeet to the deceased and this act was again repeated by him in the afternoon. It is said that in continuation to the act of alleged marpeet appellant dragged the deceased inside the room where after pouring kerosene on her, she was subjected to fire. The deceased was carried in a rickshaw to the hospital where dying declaration of her was recorded by Naib Tehsildar S. K. Bhalavi (PW-10 ). In the dying declaration deceased told that appellant after pouring kerosene lit the fire as a result of which she has sustained burn injuries. On account of receiving the burn injuries, the deceased could not survive and ultimately succumbed to the burn injuries in the late night.

(3.) AFTER the investigation was over, a charge sheet was submitted in the committal court which on its turn committed the case to the Court of Session from where it was received by the Trial Court for its trial.