HEM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Although the case is listed for consideration of I.A. No.21802/2018, an application for suspension of sentence, but the learned counsel for the appellant submits that the appeal itself may be heard finally. Learned counsel for the respondent-State has no objection to the said proposition. Accordingly, we have heard learned counsel for the parties on merits.

(2.) The present appeal under Sec. 374(2) of Crimial P.C. has been filed by the appellant against the impugned judgment of conviction and order of sentence dated 13.06.2012 passed by the learned Additional Sessions Judge, Dindori, District Dindori in Sessions Trial No.61/2011 whereby he has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for life and fine of Rs.500.00; in lieu of fine amount, to further undergo R.I. for one year.

(3.) According to the prosecution story, it transpires that appellantaccused Hemsingh and deceased Urmila were having love affair for about four years and they wanted to marry each other. At the time of incident, they were in live-in relationship residing together as tenant in the house of Gautam Patwari situate at Jhurkitola, Old Dindori within the jurisdiction of Police Station Dindori, District Dindori. Sometimes, deceased Urmila would go to her house without informing Hemsingh, which led appellant Hemsingh doubt her character. A quarrel is said to have taken place between them over this issue on 05.05.2011, which got intensified on 06.05.2011 whereupon, at about 12.00 noon, appellant poured Kerosene over the deceased and set her ablaze. As a result, she died. A marg intimation was made to Police Station Dindori by the father of the deceased Yugal Kumar Maravi and on the basis of which an offence under Sec. 302 of Penal Code was registered against the appellant and investigation was set in motion.