RATIRAM ALIAS CHUDWA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been preferred being aggrieved by the judgment, finding and sentence dated 16/09/1998 passed by the 8th additional Sessions Judge, Jabalpur in S. T. No. 247/1998, whereby the appellant has been convicted under Section 302 of Indian Penal code and sentenced for life imprisonment with fine of Rs. 500/-, in default of payment of fine, to suffer R. I. for one year.

(2.) THE prosecution case in short is that on 11. 04. 1998 at 9. 40 a. m. Pulichand (PW-1) informed at Police Station Kundam that Pusia Bai wife of Ratiram has been burnt by her husband. This information was jotted down in Rojnamcha Sanha No. 380. On this information nekram Tiwari (PW-11) reached at village Badhua and saw that the body of Pusia Bai was burnt she was speaking. She lodged Dehati nalshi Ex. P-10 wherein it was mentioned that her husband Ratiram came at night and demanded food. She said that she is tired hence he should take food himself. Her husband poured kerosene and set her on fire. She tried to run away but her husband caught her on account of which he was also burnt. The crime No. 37/98 under Section 307 of I. P. C. was registered against the appellant. Pusia Bai was sent for medical examination. She was examined by Dr. K. C. Singhai (PW-8 ). He found burn injuries on her person. Her dying declaration was recorded by P. C. Daharia (PW-10) Naib Tahsildar, Kundam. She was sent to Victoria Hospital Jabalpur but she was not admitted there and sent to Medical Hospital Jabalpur where she died on the next day. Postmortem was conducted by Dr. A. K. Yadu (PW-6 ). According to his opinion the death was caused due to shock from burn. After the death of Pusia Bai the offence under Section 302 of I. P. C. was added. Kerosene containers, chimney, burnt clothes and earth soil containing kerosene were seized from the spot. The seized articles were sent for chemical examination to F. S. L. Sagar. Statements of witnesses were recorded under Section 161 of Cr. P. C. After completing the usual investigation chargesheet was filed under Section 302 of I. P. C. in the court of J. M. F. C. , Jabalpur, who committed the case to the Sessions court for trial.

(3.) APPELLANT was charged under Section 302 of I. P. C. He denied the guilt and claimed to be tried mainly contending that he is innocent. He has been falsely implicated. Prosecution examined as many as 13 witnesses and placed 14 documents Ex. P-1 to Ex. P-14 on record. Appellant did not examine any witness. After appreciating the evidence trial Court found him guilty under Section 302 of I. P. C. and sentenced thereto as stated hereinabove in para No. 1 of this judgment. Being aggrieved by the impugned judgment finding and sentence passed by the trial Court the instant appeal has been preferred on the grounds mentioned in the memo of appeal.