VIRENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 15-12-2000 passed by learned First Additional Sessions Judge, Gwalior in sessions Trial No. 362/1998 convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal procedure, 1973.

(2.) IN brief the case of prosecution is that Lali (hereinafter referred to as 'the deceased') was the second wife of appellant. Six months prior to the date of incident (incident occurred on 20-6-1998), they got married. The first wife of the appellant was the real elder sister of the deceased and after her death, the second marriage was solemnized. On the fateful night, the appellant brought the deceased in J. A. Group of Hospitals, Gwalior at 3:55 hours in burning condition, but at 6:30 am she could not survive and succumbed to the burn injuries. When the deceased was alive, Dr. Pritesh Jain recorded her dying declaration, in which the deceased stated that after pouring kerosene, she was set to fire by the appellant. After the death of the deceased, her dead body was sent for post-mortem examination.

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