GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, bhopal in S. T. No. 98/99, decided on 22. 05. 2000.

(2.) APPELLANT has been convicted under Section 302 of ipc for committing murder of his wife Mohar Bai and sentenced to imprisonment for life with fine of Rs. 500/-, in default imprisonment for three months, by the impugned judgment.

(3.) ACCORDING to prosecution, deceased Mohar Bai (hereinafter referred to as 'deceased') was the wife of the appellant and both of them lived in CWC quarter at Bhopal. On 4. 1. 99 about 7:00 P. M. , on an information received at p. S. Nishatpura, Bhopal that there was fire in CWC quarter on the Second Floor, ASI B. M. Dwivedi as well Sub-Inspector g. P. Dubey reached there and found that Mohar Bai was lying on the door of her house in burnt condition. She was then taken out of her house and FIR as narrated by her, in the form of Dehati Nalishi, was recorded. Mohar Bai was then rushed to the hospital for management and treatment. Her dying declaration was also recorded in the hospital. In her dying declaration, deceased made a statement that her husband/appellant Gopal had poured kerosene oil over her body and burnt her. Mohar Bai however, succumbed to her burn injuries at 10. 15 night. The intimation of her death was sent to the Police Station Nishatpura by the hospital authorities, whereupon merg intimation was recorded and merg inquest report was prepared. The dead body of deceased Mohar Bai was sent for postmortem examination. During investigation, the half burnt clothes of the deceased and matchstick were seized from the spot and spot map was prepared. After due investigation, appellant was prosecuted under Section 302 of IPC and was put to trial.